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91_SB1063enr
SB1063 Enrolled LRB9101195SMdvA
1 AN ACT regarding child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Comptroller Act is amended by
5 changing Section 10.05a as follows:
6 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
7 Sec. 10.05a. Deductions from Warrants and Payments for
8 Satisfaction of Past Due Child Support. At the direction of
9 the Department of Public Aid, the Comptroller shall deduct
10 from a warrant or other payment described in Section 10.05 of
11 this Act, in accordance with the procedures provided therein,
12 and pay over to the State Disbursement Unit established under
13 Section 10-26 of the Illinois Public Aid Code Department that
14 amount certified as necessary to satisfy, in whole or in
15 part, past due support owed by a person on account of support
16 action being taken by the Department under Article X of The
17 Illinois Public Aid Code, whether or not such support is owed
18 to the State. Such deduction shall have priority over any
19 garnishment except that for payment of state or federal
20 taxes. In the case of joint payees, the Comptroller shall
21 deduct and pay over to the State Disbursement Unit Department
22 deposited in, or transferred to, the
15 Child Support Enforcement Trust Fund. The Department of
16 Revenue may implement this Section through the use of
17 emergency rules in accordance with Section 5-45 of the
18 Illinois Administrative Procedure Act. For purposes of the
19 Illinois Administrative Procedure Act, the adoption of rules
20 to implement this Section shall be considered an emergency
21 and necessary for the public interest, safety, and welfare.
22 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
23 Section 15. The Illinois Income Tax Act is amended by
24 changing Section 901 as follows:
25 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
26 Sec. 901. Collection Authority.
27 (a) In general.
28 The Department shall collect the taxes imposed by this
29 Act. The Department shall collect certified past due child
30 support amounts under Section 39b52 of the Civil
31 Administrative Code of Illinois. Except as provided in
32 subsections (c) and (e) of this Section, money collected
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1 pursuant to subsections (a) and (b) of Section 201 of this
2 Act shall be paid into the General Revenue Fund in the State
3 treasury; money collected pursuant to subsections (c) and (d)
4 of Section 201 of this Act shall be paid into the Personal
5 Property Tax Replacement Fund, a special fund in the State
6 Treasury; and money collected under Section 39b52 of the
7 Civil Administrative Code of Illinois shall be paid to the
8 State Disbursement Unit established under Section 10-26 of
9 the Illinois Public Aid Code into the Child Support
10 Enforcement Trust Fund, a special fund outside the State
11 Treasury.
12 (b) Local Governmental Distributive Fund.
13 Beginning August 1, 1969, and continuing through June 30,
14 1994, the Treasurer shall transfer each month from the
15 General Revenue Fund to a special fund in the State treasury,
16 to be known as the "Local Government Distributive Fund", an
17 amount equal to 1/12 of the net revenue realized from the tax
18 imposed by subsections (a) and (b) of Section 201 of this Act
19 during the preceding month. Beginning July 1, 1994, and
20 continuing through June 30, 1995, the Treasurer shall
21 transfer each month from the General Revenue Fund to the
22 Local Government Distributive Fund an amount equal to 1/11 of
23 the net revenue realized from the tax imposed by subsections
24 (a) and (b) of Section 201 of this Act during the preceding
25 month. Beginning July 1, 1995, the Treasurer shall transfer
26 each month from the General Revenue Fund to the Local
27 Government Distributive Fund an amount equal to 1/10 of the
28 net revenue realized from the tax imposed by subsections (a)
29 and (b) of Section 201 of the Illinois Income Tax Act during
30 the preceding month. Net revenue realized for a month shall
31 be defined as the revenue from the tax imposed by subsections
32 (a) and (b) of Section 201 of this Act which is deposited in
33 the General Revenue Fund, the Educational Assistance Fund and
34 the Income Tax Surcharge Local Government Distributive Fund
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1 during the month minus the amount paid out of the General
2 Revenue Fund in State warrants during that same month as
3 refunds to taxpayers for overpayment of liability under the
4 tax imposed by subsections (a) and (b) of Section 201 of this
5 Act.
6 (c) Deposits Into Income Tax Refund Fund.
7 (1) Beginning on January 1, 1989 and thereafter,
8 the Department shall deposit a percentage of the amounts
9 collected pursuant to subsections (a) and (b)(1), (2),
10 and (3), of Section 201 of this Act into a fund in the
11 State treasury known as the Income Tax Refund Fund. The
12 Department shall deposit 6% of such amounts during the
13 period beginning January 1, 1989 and ending on June 30,
14 1989. Beginning with State fiscal year 1990 and for each
15 fiscal year thereafter, the percentage deposited into the
16 Income Tax Refund Fund during a fiscal year shall be the
17 Annual Percentage. For fiscal years 1999 through 2001,
18 the Annual Percentage shall be 7.1%. For all other
19 fiscal years, the Annual Percentage shall be calculated
20 as a fraction, the numerator of which shall be the amount
21 of refunds approved for payment by the Department during
22 the preceding fiscal year as a result of overpayment of
23 tax liability under subsections (a) and (b)(1), (2), and
24 (3) of Section 201 of this Act plus the amount of such
25 refunds remaining approved but unpaid at the end of the
26 preceding fiscal year, the denominator of which shall be
27 the amounts which will be collected pursuant to
28 subsections (a) and (b)(1), (2), and (3) of Section 201
29 of this Act during the preceding fiscal year. The
30 Director of Revenue shall certify the Annual Percentage
31 to the Comptroller on the last business day of the fiscal
32 year immediately preceding the fiscal year for which it
33 is to be effective.
34 (2) Beginning on January 1, 1989 and thereafter,
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1 the Department shall deposit a percentage of the amounts
2 collected pursuant to subsections (a) and (b)(6), (7),
3 and (8), (c) and (d) of Section 201 of this Act into a
4 fund in the State treasury known as the Income Tax Refund
5 Fund. The Department shall deposit 18% of such amounts
6 during the period beginning January 1, 1989 and ending on
7 June 30, 1989. Beginning with State fiscal year 1990 and
8 for each fiscal year thereafter, the percentage deposited
9 into the Income Tax Refund Fund during a fiscal year
10 shall be the Annual Percentage. For fiscal years 1999,
11 2000, and 2001, the Annual Percentage shall be 19%. For
12 all other fiscal years, the Annual Percentage shall be
13 calculated as a fraction, the numerator of which shall be
14 the amount of refunds approved for payment by the
15 Department during the preceding fiscal year as a result
16 of overpayment of tax liability under subsections (a) and
17 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
18 Act plus the amount of such refunds remaining approved
19 but unpaid at the end of the preceding fiscal year, the
20 denominator of which shall be the amounts which will be
21 collected pursuant to subsections (a) and (b)(6), (7),
22 and (8), (c) and (d) of Section 201 of this Act during
23 the preceding fiscal year. The Director of Revenue shall
24 certify the Annual Percentage to the Comptroller on the
25 last business day of the fiscal year immediately
26 preceding the fiscal year for which it is to be
27 effective.
28 (d) Expenditures from Income Tax Refund Fund.
29 (1) Beginning January 1, 1989, money in the Income
30 Tax Refund Fund shall be expended exclusively for the
31 purpose of paying refunds resulting from overpayment of
32 tax liability under Section 201 of this Act and for
33 making transfers pursuant to this subsection (d).
34 (2) The Director shall order payment of refunds
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1 resulting from overpayment of tax liability under Section
2 201 of this Act from the Income Tax Refund Fund only to
3 the extent that amounts collected pursuant to Section 201
4 of this Act and transfers pursuant to this subsection (d)
5 have been deposited and retained in the Fund.
6 (3) As soon as possible after the end of each
7 fiscal year, the Director shall order transferred and the
8 State Treasurer and State Comptroller shall transfer from
9 the Income Tax Refund Fund to the Personal Property Tax
10 Replacement Fund an amount, certified by the Director to
11 the Comptroller, equal to the excess of the amount
12 collected pursuant to subsections (c) and (d) of Section
13 201 of this Act deposited into the Income Tax Refund Fund
14 during the fiscal year over the amount of refunds
15 resulting from overpayment of tax liability under
16 subsections (c) and (d) of Section 201 of this Act paid
17 from the Income Tax Refund Fund during the fiscal year.
18 (4) As soon as possible after the end of each
19 fiscal year, the Director shall order transferred and the
20 State Treasurer and State Comptroller shall transfer from
21 the Personal Property Tax Replacement Fund to the Income
22 Tax Refund Fund an amount, certified by the Director to
23 the Comptroller, equal to the excess of the amount of
24 refunds resulting from overpayment of tax liability under
25 subsections (c) and (d) of Section 201 of this Act paid
26 from the Income Tax Refund Fund during the fiscal year
27 over the amount collected pursuant to subsections (c) and
28 (d) of Section 201 of this Act deposited into the Income
29 Tax Refund Fund during the fiscal year.
30 (4.5) As soon as possible after the end of fiscal
31 year 1999 and of each fiscal year thereafter, the
32 Director shall order transferred and the State Treasurer
33 and State Comptroller shall transfer from the Income Tax
34 Refund Fund to the General Revenue Fund any surplus
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1 remaining in the Income Tax Refund Fund as of the end of
2 such fiscal year.
3 (5) This Act shall constitute an irrevocable and
4 continuing appropriation from the Income Tax Refund Fund
5 for the purpose of paying refunds upon the order of the
6 Director in accordance with the provisions of this
7 Section.
8 (e) Deposits into the Education Assistance Fund and the
9 Income Tax Surcharge Local Government Distributive Fund.
10 On July 1, 1991, and thereafter, of the amounts collected
11 pursuant to subsections (a) and (b) of Section 201 of this
12 Act, minus deposits into the Income Tax Refund Fund, the
13 Department shall deposit 7.3% into the Education Assistance
14 Fund in the State Treasury. Beginning July 1, 1991, and
15 continuing through January 31, 1993, of the amounts collected
16 pursuant to subsections (a) and (b) of Section 201 of the
17 Illinois Income Tax Act, minus deposits into the Income Tax
18 Refund Fund, the Department shall deposit 3.0% into the
19 Income Tax Surcharge Local Government Distributive Fund in
20 the State Treasury. Beginning February 1, 1993 and
21 continuing through June 30, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 4.4% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning July 1, 1993, and continuing
27 through June 30, 1994, of the amounts collected under
28 subsections (a) and (b) of Section 201 of this Act, minus
29 deposits into the Income Tax Refund Fund, the Department
30 shall deposit 1.475% into the Income Tax Surcharge Local
31 Government Distributive Fund in the State Treasury.
32 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
33 90-655, eff. 7-30-98.)
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1 Section 20. The Illinois Public Aid Code is amended by
2 changing Sections 10-8, 10-10, 10-10.3, 10-11, 10-15, 10-16,
3 10-17.9, 10-19, 12-9, and 12-10.2 and by adding Sections
4 10-10.4, 10-10.5, 10-11.2, and 10-26 as follows:
5 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
6 Sec. 10-8. Support Payments - Partial Support - Full
7 Support.) The notice to responsible relatives issued
8 pursuant to Section 10-7 shall direct payment (a) to the
9 Illinois Department in cases of applicants and recipients
10 under Articles III, IV, V and VII, (b) except as provided in
11 Section 10-3.1, to the local governmental unit in the case of
12 applicants and recipients under Article VI, and (c) to the
13 Illinois Department in cases of non-applicants and
14 non-recipients given access to the child and spouse support
15 services of this Article, as provided by Section 10-1.
16 However, if the support payments by responsible relatives are
17 sufficient to meet needs of a recipient in full, including
18 current and anticipated medical needs, and the Illinois
19 Department or the local governmental unit, as the case may
20 be, has reasonable grounds to believe that such needs will
21 continue to be provided in full by the responsible relatives,
22 the relatives may be directed to make subsequent support
23 payments to the needy person or to some person or agency in
24 his behalf and the recipient shall be removed from the rolls.
25 In such instance the recipient also shall be notified by
26 registered or certified mail of the action taken. If a
27 recipient removed from the rolls requests the Illinois
28 Department to continue to collect the support payments in his
29 behalf, the Department, at its option, may do so and pay
30 amounts so collected to the person. The Department may
31 provide for deducting any costs incurred by it in making the
32 collection from the amount of any recovery made and pay only
33 the net amount to the person.
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1 Payments under this Section to the Illinois Department
2 pursuant to the Child Support Enforcement Program established
3 by Title IV-D of the Social Security Act shall be paid into
4 the Child Support Enforcement Trust Fund. All other payments
5 under this Section to the Illinois Department shall be
6 deposited in the Public Assistance Recoveries Trust Fund.
7 Disbursements from these funds shall be as provided in
8 Sections 12-9 and 12-10.2 of this Code. Payments received by
9 a local governmental unit shall be deposited in that unit's
10 General Assistance Fund.
11 To the extent the provisions of this Section are
12 inconsistent with the requirements pertaining to the State
13 Disbursement Unit under Sections 10-10.4 and 10-26 of this
14 Code, the requirements pertaining to the State Disbursement
15 Unit shall apply.
16 (Source: P.A. 83-1126.)
17 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
18 Sec. 10-10. Court enforcement; applicability also to
19 persons who are not applicants or recipients. Except where
20 the Illinois Department, by agreement, acts for the local
21 governmental unit, as provided in Section 10-3.1, local
22 governmental units shall refer to the State's Attorney or to
23 the proper legal representative of the governmental unit, for
24 judicial enforcement as herein provided, instances of
25 non-support or insufficient support when the dependents are
26 applicants or recipients under Article VI. The Child and
27 Spouse Support Unit established by Section 10-3.1 may
28 institute in behalf of the Illinois Department any actions
29 under this Section for judicial enforcement of the support
30 liability when the dependents are (a) applicants or
31 recipients under Articles III, IV, V or VII (b) applicants or
32 recipients in a local governmental unit when the Illinois
33 Department, by agreement, acts for the unit; or (c)
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1 non-applicants or non-recipients who are receiving support
2 enforcement services under this Article X, as provided in
3 Section 10-1. Where the Child and Spouse Support Unit has
4 exercised its option and discretion not to apply the
5 provisions of Sections 10-3 through 10-8, the failure by the
6 Unit to apply such provisions shall not be a bar to bringing
7 an action under this Section.
8 Action shall be brought in the circuit court to obtain
9 support, or for the recovery of aid granted during the period
10 such support was not provided, or both for the obtainment of
11 support and the recovery of the aid provided. Actions for
12 the recovery of aid may be taken separately or they may be
13 consolidated with actions to obtain support. Such actions
14 may be brought in the name of the person or persons requiring
15 support, or may be brought in the name of the Illinois
16 Department or the local governmental unit, as the case
17 requires, in behalf of such persons.
18 The court may enter such orders for the payment of moneys
19 for the support of the person as may be just and equitable
20 and may direct payment thereof for such period or periods of
21 time as the circumstances require, including support for a
22 period before the date the order for support is entered. The
23 order may be entered against any or all of the defendant
24 responsible relatives and may be based upon the proportionate
25 ability of each to contribute to the person's support.
26 The Court shall determine the amount of child support
27 (including child support for a period before the date the
28 order for child support is entered) by using the guidelines
29 and standards set forth in subsection (a) of Section 505 and
30 in Section 505.2 of the Illinois Marriage and Dissolution of
31 Marriage Act. For purposes of determining the amount of child
32 support to be paid for a period before the date the order for
33 child support is entered, there is a rebuttable presumption
34 that the responsible relative's net income for that period
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1 was the same as his or her net income at the time the order
2 is entered.
3 An order entered under this Section shall include a
4 provision requiring the obligor to report to the obligee and
5 to the clerk of court within 10 days each time the obligor
6 obtains new employment, and each time the obligor's
7 employment is terminated for any reason. The report shall be
8 in writing and shall, in the case of new employment, include
9 the name and address of the new employer. Failure to report
10 new employment or the termination of current employment, if
11 coupled with nonpayment of support for a period in excess of
12 60 days, is indirect criminal contempt. For any obligor
13 arrested for failure to report new employment bond shall be
14 set in the amount of the child support that should have been
15 paid during the period of unreported employment. An order
16 entered under this Section shall also include a provision
17 requiring the obligor and obligee parents to advise each
18 other of a change in residence within 5 days of the change
19 except when the court finds that the physical, mental, or
20 emotional health of a party or that of a minor child, or
21 both, would be seriously endangered by disclosure of the
22 party's address.
23 The Court shall determine the amount of maintenance using
24 the standards set forth in Section 504 of the Illinois
25 Marriage and Dissolution of Marriage Act.
26 Any new or existing support order entered by the court
27 under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
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1 ability to be enforced. Any such judgment is subject to
2 modification or termination only in accordance with Section
3 510 of the Illinois Marriage and Dissolution of Marriage Act.
4 A lien arises by operation of law against the real and
5 personal property of the noncustodial parent for each
6 installment of overdue support owed by the noncustodial
7 parent.
8 When an order is entered for the support of a minor, the
9 court may provide therein for reasonable visitation of the
10 minor by the person or persons who provided support pursuant
11 to the order. Whoever willfully refuses to comply with such
12 visitation order or willfully interferes with its enforcement
13 may be declared in contempt of court and punished therefor.
14 Except where the local governmental unit has entered into
15 an agreement with the Illinois Department for the Child and
16 Spouse Support Unit to act for it, as provided in Section
17 10-3.1, support orders entered by the court in cases
18 involving applicants or recipients under Article VI shall
19 provide that payments thereunder be made directly to the
20 local governmental unit. Orders for the support of all other
21 applicants or recipients shall provide that payments
22 thereunder be made directly to the Illinois Department. In
23 accordance with federal law and regulations, the Illinois
24 Department may continue to collect current maintenance
25 payments or child support payments, or both, after those
26 persons cease to receive public assistance and until
27 termination of services under Article X. The Illinois
28 Department shall pay the net amount collected to those
29 persons after deducting any costs incurred in making the
30 collection or any collection fee from the amount of any
31 recovery made. In both cases the order shall permit the
32 local governmental unit or the Illinois Department, as the
33 case may be, to direct the responsible relative or relatives
34 to make support payments directly to the needy person, or to
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1 some person or agency in his behalf, upon removal of the
2 person from the public aid rolls or upon termination of
3 services under Article X.
4 If the notice of support due issued pursuant to Section
5 10-7 directs that support payments be made directly to the
6 needy person, or to some person or agency in his behalf, and
7 the recipient is removed from the public aid rolls, court
8 action may be taken against the responsible relative
9 hereunder if he fails to furnish support in accordance with
10 the terms of such notice.
11 Actions may also be brought under this Section in behalf
12 of any person who is in need of support from responsible
13 relatives, as defined in Section 2-11 of Article II who is
14 not an applicant for or recipient of financial aid under this
15 Code. In such instances, the State's Attorney of the county
16 in which such person resides shall bring action against the
17 responsible relatives hereunder. If the Illinois Department,
18 as authorized by Section 10-1, extends the support services
19 provided by this Article to spouses and dependent children
20 who are not applicants or recipients under this Code, the
21 Child and Spouse Support Unit established by Section 10-3.1
22 shall bring action against the responsible relatives
23 hereunder and any support orders entered by the court in such
24 cases shall provide that payments thereunder be made directly
25 to the Illinois Department.
26 Whenever it is determined in a proceeding to establish or
27 enforce a child support or maintenance obligation that the
28 person owing a duty of support is unemployed, the court may
29 order the person to seek employment and report periodically
30 to the court with a diary, listing or other memorandum of his
31 or her efforts in accordance with such order. Additionally,
32 the court may order the unemployed person to report to the
33 Department of Employment Security for job search services or
34 to make application with the local Jobs Training Partnership
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1 Act provider for participation in job search, training or
2 work programs and where the duty of support is owed to a
3 child receiving support services under this Article X, the
4 court may order the unemployed person to report to the
5 Illinois Department for participation in job search, training
6 or work programs established under Section 9-6 and Article
7 IXA of this Code.
8 Whenever it is determined that a person owes past-due
9 support for a child receiving assistance under this Code, the
10 court shall order at the request of the Illinois Department:
11 (1) that the person pay the past-due support in
12 accordance with a plan approved by the court; or
13 (2) if the person owing past-due support is
14 unemployed, is subject to such a plan, and is not
15 incapacitated, that the person participate in such job
16 search, training, or work programs established under
17 Section 9-6 and Article IXA of this Code as the court
18 deems appropriate.
19 A determination under this Section shall not be
20 administratively reviewable by the procedures specified in
21 Sections 10-12, and 10-13 to 10-13.10. Any determination
22 under these Sections, if made the basis of court action under
23 this Section, shall not affect the de novo judicial
24 determination required under this Section.
25 A one-time charge of 20% is imposable upon the amount of
26 past-due child support owed on July 1, 1988 which has accrued
27 under a support order entered by the court. The charge shall
28 be imposed in accordance with the provisions of Section 10-21
29 of this Code and shall be enforced by the court upon
30 petition.
31 All orders for support, when entered or modified, shall
32 include a provision requiring the non-custodial parent to
33 notify the court and, in cases in which a party is receiving
34 child and spouse support services under this Article X, the
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1 Illinois Department, within 7 days, (i) of the name, address,
2 and telephone number of any new employer of the non-custodial
3 parent, (ii) whether the non-custodial parent has access to
4 health insurance coverage through the employer or other group
5 coverage and, if so, the policy name and number and the names
6 of persons covered under the policy, and (iii) of any new
7 residential or mailing address or telephone number of the
8 non-custodial parent. In any subsequent action to enforce a
9 support order, upon a sufficient showing that a diligent
10 effort has been made to ascertain the location of the
11 non-custodial parent, service of process or provision of
12 notice necessary in the case may be made at the last known
13 address of the non-custodial parent in any manner expressly
14 provided by the Code of Civil Procedure or this Code, which
15 service shall be sufficient for purposes of due process.
16 in accordance with the Income Withholding for Support Act
17 An order for support shall include a date on which the
18 current support obligation terminates. The termination date
19 shall be no earlier than the date on which the child covered
20 by the order will attain the age of majority or is otherwise
21 emancipated. The order for support shall state that the
22 termination date does not apply to any arrearage that may
23 remain unpaid on that date. Nothing in this paragraph shall
24 be construed to prevent the court from modifying the order.
25 Upon notification in writing or by electronic
26 transmission from the Illinois Department to the clerk of the
27 court that a person who is receiving support payments under
28 this Section is receiving services under the Child Support
29 Enforcement Program established by Title IV-D of the Social
30 Security Act, any support payments subsequently received by
31 the clerk of the court shall be transmitted in accordance
32 with the instructions of the Illinois Department until the
33 Illinois Department gives notice to the clerk of the court to
34 cease the transmittal. After providing the notification
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1 authorized under this paragraph, the Illinois Department
2 shall be entitled as a party to notice of any further
3 proceedings in the case. The clerk of the court shall file a
4 copy of the Illinois Department's notification in the court
5 file. The clerk's failure to file a copy of the
6 notification in the court file shall not, however, affect the
7 Illinois Department's right to receive notice of further
8 proceedings.
9 Payments under this Section to the Illinois Department
10 pursuant to the Child Support Enforcement Program established
11 by Title IV-D of the Social Security Act shall be paid into
12 the Child Support Enforcement Trust Fund. All other payments
13 under this Section to the Illinois Department shall be
14 deposited in the Public Assistance Recoveries Trust Fund.
15 Disbursements from these funds shall be as provided in
16 Sections 12-9 and 12-10.2 of this Code. Payments received by
17 a local governmental unit shall be deposited in that unit's
18 General Assistance Fund.
19 To the extent the provisions of this Section are
20 inconsistent with the requirements pertaining to the State
21 Disbursement Unit under Sections 10-10.4 and 10-26 of this
22 Code, the requirements pertaining to the State Disbursement
23 Unit shall apply.
24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
25 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
26 8-14-98; revised 9-14-98.)
27 (305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
28 Sec. 10-10.3. For those cases in which child support is
29 payable to the clerk of the circuit court for transmittal to
30 the Illinois Department by order of court, the clerk shall
31 transmit all such payments, within 4 working days of receipt,
32 to insure that funds are available for immediate distribution
33 by the Department to the person or entity entitled thereto in
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1 accordance with standards of the Child Support Enforcement
2 Program established under Title IV-D of the Social Security
3 Act. The clerk shall notify the Department of the date of
4 receipt and amount thereof at the time of transmittal. Where
5 the clerk has entered into an agreement of cooperation with
6 the Department to record the terms of child support orders
7 and payments made thereunder directly into the Department's
8 automated data processing system, the clerk shall account
9 for, transmit and otherwise distribute child support payments
10 in accordance with such agreement in lieu of the requirements
11 contained herein.
12 To the extent the provisions of this Section are
13 inconsistent with the requirements pertaining to the State
14 Disbursement Unit under Sections 10-10.4 and 10-26 of this
15 Code, the requirements pertaining to the State Disbursement
16 Unit shall apply.
17 (Source: P.A. 86-1184.)
18 (305 ILCS 5/10-10.4 new)
19 Sec. 10-10.4. Payment of Support to State Disbursement
20 Unit.
21 (a) As used in this Section:
22 "Order for support", "obligor", "obligee", and "payor"
23 mean those terms as defined in the Income Withholding for
24 Support Act.
25 (b) Notwithstanding any other provision of this Code to
26 the contrary, each court or administrative order for support
27 entered or modified on or after October 1, 1999 shall require
28 that support payments be made to the State Disbursement Unit
29 established under Section 10-26 if:
30 (1) a party to the order is receiving child and
31 spouse support services under this Article X; or
32 (2) no party to the order is receiving child and
33 spouse support services, but the support payments are
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1 made through income withholding.
2 (c) The Illinois Department shall provide notice to the
3 obligor and, where applicable, to the obligor's payor to make
4 support payments to the State Disbursement Unit if:
5 (1) the order for support was entered before
6 October 1, 1999, and a party to the order is receiving
7 child and spouse support services under this Article X;
8 or
9 (2) the order for support was entered after January
10 1, 1994, no party to the order is receiving child and
11 spouse support services, and the support payments are
12 being made through income withholding.
13 (d) The notice required under subsection (c) may be sent
14 by ordinary mail, certified mail, return receipt requested,
15 facsimile transmission, or other electronic process, or may
16 be served upon the obligor or payor using any method provided
17 by law for service of a summons. A copy of the notice shall
18 be provided to the obligee and, when the order for support
19 was entered by the court, to the clerk of the court.
20 (305 ILCS 5/10-10.5 new)
21 Sec. 10-10.5. Information to State Case Registry.
22 (a) When an order for support is entered or modified by
23 the circuit court under Section 10-10, the clerk of the
24 circuit court shall, within 5 business days, provide to the
25 Illinois Department's State Case Registry established under
26 Section 10-27 of this Code the court docket number and county
27 in which the order is entered or modified and the following
28 information, which the parties shall disclose to the court:
29 (1) The names of the custodial and non-custodial
30 parents and the child or children covered by the order.
31 (2) The dates of birth of the custodial and
32 non-custodial parents and of the child or children
33 covered by the order.
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1 (3) The social security numbers of the custodial
2 and non-custodial parents and of the child or children
3 covered by the order.
4 (4) The residential and mailing addresses for the
5 custodial and non-custodial parents.
6 (5) The telephone numbers for the custodial and
7 non-custodial parents.
8 (6) The driver's license numbers for the custodial
9 and non-custodial parents.
10 (7) The name, address, and telephone number of each
11 parent's employer or employers.
12 (b) When a child support order is entered or modified
13 for a case in which a party is receiving child and spouse
14 support services under Article X of this Code, the clerk
15 shall provide the State Case Registry with the following
16 information:
17 (1) The information specified in subsection (a) of
18 this Section.
19 (2) The amount of monthly or other periodic support
20 owed under the order and other amounts, including
21 arrearages, interest, or late payment penalties and fees,
22 due or overdue under the order.
23 (3) Any amounts described in subdivision (2) of
24 this subsection (b) that have been received by the clerk.
25 (4) The distribution of the amounts received by the
26 clerk.
27 (c) A party shall report to the clerk of the circuit
28 court changes in information required to the disclosed under
29 this Section within 5 business days of the change.
30 (d) To the extent that updated information is in the
31 clerk's possession, the clerk shall provide updates of the
32 information specified in subsection (b) of this Section
33 within 5 business days after the Illinois Department's
34 request for that updated information.
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1 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
2 Sec. 10-11. Administrative Orders. In lieu of actions
3 for court enforcement of support under Section 10-10, the
4 Child and Spouse Support Unit of the Illinois Department, in
5 accordance with the rules of the Illinois Department, may
6 issue an administrative order requiring the responsible
7 relative to comply with the terms of the determination and
8 notice of support due, determined and issued under Sections
9 10-6 and 10-7. The Unit may also enter an administrative
10 order under subsection (b) of Section 10-7. The
11 administrative order shall be served upon the responsible
12 relative by United States registered or certified mail. In
13 cases in which the responsible relative appeared at the
14 office of the Child and Spouse Support Unit in response to
15 the notice of support obligation issued under Section 10-4,
16 however, or in cases of default in which the notice was
17 served on the responsible relative by certified mail, return
18 receipt requested, or by a private person as authorized under
19 Section 10-4, or by any method provided by law for service of
20 summons, the administrative determination of paternity or
21 administrative support order may be sent to the responsible
22 relative by ordinary mail addressed to the responsible
23 relative's last known address.
24 If a responsible relative or a person receiving child and
25 spouse support services under this Article fails to petition
26 the Illinois Department for release from or modification of
27 the administrative order, as provided in Section 10-12 or
28 Section 10-12.1, the order shall become final and there shall
29 be no further administrative or judicial remedy. Likewise a
30 decision by the Illinois Department as a result of an
31 administrative hearing, as provided in Sections 10-13 to
32 10-13.10, shall become final and enforceable if not
33 judicially reviewed under the Administrative Review Law, as
34 provided in Section 10-14.
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1 Any new or existing support order entered by the Illinois
2 Department under this Section shall be deemed to be a series
3 of judgments against the person obligated to pay support
4 thereunder, each such judgment to be in the amount of each
5 payment or installment of support and each such judgment to
6 be deemed entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each such judgment shall have the full force, effect and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. Any such judgment is subject to
11 modification or termination only in accordance with Section
12 510 of the Illinois Marriage and Dissolution of Marriage Act.
13 A lien arises by operation of law against the real and
14 personal property of the noncustodial parent for each
15 installment of overdue support owed by the noncustodial
16 parent.
17 An order entered under this Section shall include a
18 provision requiring the obligor to report to the obligee and
19 to the clerk of court within 10 days each time the obligor
20 obtains new employment, and each time the obligor's
21 employment is terminated for any reason. The report shall be
22 in writing and shall, in the case of new employment, include
23 the name and address of the new employer. Failure to report
24 new employment or the termination of current employment, if
25 coupled with nonpayment of support for a period in excess of
26 60 days, is indirect criminal contempt. For any obligor
27 arrested for failure to report new employment bond shall be
28 set in the amount of the child support that should have been
29 paid during the period of unreported employment. An order
30 entered under this Section shall also include a provision
31 requiring the obligor and obligee parents to advise each
32 other of a change in residence within 5 days of the change
33 except when the court finds that the physical, mental, or
34 emotional health of a party or that of a minor child, or
SB1063 Enrolled -22- LRB9101195SMdvA
1 both, would be seriously endangered by disclosure of the
2 party's address.
3 A one-time charge of 20% is imposable upon the amount of
4 past-due child support owed on July 1, 1988, which has
5 accrued under a support order entered by the Illinois
6 Department under this Section. The charge shall be imposed
7 in accordance with the provisions of Section 10-21 and shall
8 be enforced by the court in a suit filed under Section 10-15.
9 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
10 90-655, eff. 7-30-98; 90-790, eff. 8-14-98.)
11 (305 ILCS 5/10-11.2 new)
12 Sec. 10-11.2. Administrative support order information
13 for State Case Registry. When the Illinois Department enters
14 an administrative support order under Section 10-8.1 or
15 Section 10-11, or modifies such an order, the custodial
16 parent and the non-custodial parent shall provide to the
17 Illinois Department, and update as appropriate, the following
18 information to be included in the State Case Registry
19 established under Section 10-27:
20 (1) The names of the custodial and non-custodial
21 parents and of the child or children covered by the
22 order.
23 (2) The dates of birth of the custodial and
24 non-custodial parents and of the child or children
25 covered by the order.
26 (3) The social security numbers of the custodial
27 and non-custodial parents and of the child or children
28 covered by the order.
29 (4) The residential and mailing addresses for the
30 custodial and non-custodial parents.
31 (5) The telephone numbers for the custodial and
32 non-custodial parents.
33 (6) The driver's license numbers for the custodial
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1 and non-custodial parents.
2 (7) The name, address, and telephone number of each
3 parent's employer or employers.
4 (8) Any other information that may be required
5 under Title IV, Part D of the Social Security Act or
6 regulations promulgated thereunder.
7 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
8 Sec. 10-15. Enforcement of Administrative Order - Costs
9 and Fees. If a responsible relative refuses, neglects, or
10 fails to comply with a final administrative support or
11 reimbursement order of the Illinois Department entered by the
12 Child and Spouse Support Unit pursuant to Sections 10-11 or
13 10-11.1 or registered pursuant to Section 10-17.1, the Child
14 and Spouse Support Unit may file suit against the responsible
15 relative or relatives to secure compliance with the
16 administrative order.
17 Suits shall be instituted in the name of the People of
18 the State of Illinois on the relation of the Department of
19 Public Aid of the State of Illinois and the spouse or
20 dependent children for whom the support order has been
21 issued.
22 The court shall order the payment of the support
23 obligation, or orders for reimbursement of moneys for support
24 provided, directly to the Illinois Department but the order
25 shall permit the Illinois Department to direct the
26 responsible relative or relatives to make payments of support
27 directly to the spouse or dependent children, or to some
28 person or agency in his or their behalf, as provided in
29 Section 10-8 or 10-10, as applicable.
30 Whenever it is determined in a proceeding to enforce an
31 administrative order that the responsible relative is
32 unemployed, and support is sought on behalf of applicants for
33 or recipients of financial aid under Article IV of this Code
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1 or other persons who are given access to the child and spouse
2 support services of this Article as provided in Section 10-1,
3 the court may order the responsible relative to seek
4 employment and report periodically to the court with a diary,
5 listing or other memorandum of his or her efforts in
6 accordance with such order. In addition, the court may order
7 the unemployed responsible relative to report to the Illinois
8 Department for participation in job search, training or work
9 programs established under Section 9-6 of this Code or to the
10 Illinois Department of Employment Security for job search
11 services or to make application with the local Jobs Training
12 Partnership Act provider for participation in job search,
13 training or work programs.
14 Charges imposed in accordance with the provisions of
15 Section 10-21 shall be enforced by the Court in a suit filed
16 under this Section.
17 To the extent the provisions of this Section are
18 inconsistent with the requirements pertaining to the State
19 Disbursement Unit under Sections 10-10.4 and 10-26 of this
20 Code, the requirements pertaining to the State Disbursement
21 Unit shall apply.
22 (Source: P.A. 85-1440.)
23 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
24 Sec. 10-16. Judicial enforcement of court and
25 administrative support orders.) Court orders entered in
26 proceedings under Section 10-10 and court orders for
27 enforcement of an administrative order under Section 10-15
28 and for the payment of money may be enforced by attachment as
29 for contempt against the persons of the defendants, and in
30 addition, as other judgments for the payment of money, and
31 costs may be adjudged against the defendants and apportioned
32 among them; but if the complaint is dismissed, costs shall be
33 borne by the Illinois Department or the local governmental
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1 unit, as the case may be. If a responsible relative is
2 directed by the Illinois Department, or the local
3 governmental unit, under the conditions stated in Section
4 10-8, to make support payments directly to the person, or to
5 some person or agency in his behalf, the court order entered
6 against him under this Section or Section 10-10 may be
7 enforced as herein provided if he thereafter fails to furnish
8 support in accordance with its terms. The State of Illinois
9 shall not be required to make a deposit for or pay any costs
10 or fees of any court or officer thereof in any proceeding
11 instituted under this Section.
12 The provisions of the Civil Practice Law, and all
13 amendments and modifications thereof, shall apply to and
14 govern all actions instituted under this Section and Section
15 10-10. In such actions proof that a person is an applicant
16 for or recipient of public aid under any Article of this Code
17 shall be prima facie proof that he is a person in necessitous
18 circumstances by reason of infirmity, unemployment or other
19 cause depriving him of the means of a livelihood compatible
20 with health and well-being.
21 Payments under this Section to the Illinois Department
22 pursuant to the Child Support Enforcement Program established
23 by Title IV-D of the Social Security Act shall be paid into
24 the Child Support Enforcement Trust Fund. All other payments
25 under this Section to the Illinois Department shall be
26 deposited in the Public Assistance Recoveries Trust Fund.
27 Disbursements from these funds shall be as provided in
28 Sections 12-9 and 12-10.2 of this Code. Payments received by
29 a local governmental unit shall be deposited in that unit's
30 General Assistance Fund.
31 In addition to the penalties or punishment that may be
32 imposed under this Section, any person whose conduct
33 constitutes a violation of Section 1 of the Non-Support of
34 Spouse and Children Act may be prosecuted under that Section,
SB1063 Enrolled -26- LRB9101195SMdvA
1 and a person convicted under that Section may be sentenced in
2 accordance with that Section. The sentence may include but
3 need not be limited to a requirement that the person perform
4 community service under subsection (b) of that Section or
5 participate in a work alternative program under subsection
6 (c) of that Section. A person may not be required to
7 participate in a work alternative program under subsection
8 (c) of that Section if the person is currently participating
9 in a work program pursuant to Section 10-11.1 of this Code.
10 To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Sections 10-10.4 and 10-26 of this
13 Code, the requirements pertaining to the State Disbursement
14 Unit shall apply.
15 (Source: P.A. 90-733, eff. 8-11-98.)
16 (305 ILCS 5/10-17.9)
17 Sec. 10-17.9. Past due support information to State
18 Department of Revenue.
19 (a) The Illinois Department may provide by rule for
20 certification to the Illinois Department of Revenue of past
21 due support owed by responsible relatives under a support
22 order entered by a court or administrative body of this or
23 any other State on behalf of resident or non-resident
24 persons. The rule shall provide for notice to and an
25 opportunity to be heard by each responsible relative
26 affected. Any final administrative decision rendered by the
27 Department shall be reviewed only under and in accordance
28 with the Administrative Review Law. A responsible relative
29 may avoid certification to the Illinois Department of Revenue
30 by establishing a satisfactory repayment record as determined
31 by the Illinois Department of Public Aid.
32 (b) A certified past due support amount shall be final.
33 The certified amount shall be payable to the Illinois
SB1063 Enrolled -27- LRB9101195SMdvA
1 Department of Revenue upon written notification of the
2 certification to the responsible relative by the Illinois
3 Department of Revenue.
4 (c) In the event a responsible relative overpays
5 pursuant to collection under this Section and the applicable
6 Sections of the Illinois Income Tax Act, the overpayment
7 shall be a credit against future support obligations. If the
8 current support obligation of the responsible relative has
9 terminated under operation of law or court order, any moneys
10 overpaid but still in the possession of the Department shall
11 be promptly returned to the responsible relative.
12 (d) Except as otherwise provided in this Article, any
13 child support delinquency certified to the Illinois
14 Department of Revenue shall be treated as a child support
15 delinquency for all other purposes, and any collection action
16 by the State's Attorney or the Illinois Department of Revenue
17 with respect to any delinquency certified under this Article
18 shall have the same priority against attachment, execution,
19 assignment, or other collection action as is provided by any
20 other provision of State law.
21 (e) Any child support delinquency collected by the
22 Illinois Department of Revenue, including those amounts that
23 result in overpayment of a child support delinquency, shall
24 be paid to the State Disbursement Unit established under
25 Section 10-26 deposited in, or transferred to, the Child
26 Support Enforcement Trust Fund.
27 (Source: P.A. 89-6, eff. 12-31-95.)
28 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
29 Sec. 10-19. (Support payments ordered under other laws;
30 where deposited.) The Illinois Department and local
31 governmental units are authorized to receive payments
32 directed by court order for the support of recipients, as
33 provided in the following Acts:
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1 1. "Non-Support of Spouse and Children Act", approved
2 June 24, 1915, as amended,
3 2. "Illinois Marriage and Dissolution of Marriage Act",
4 as now or hereafter amended,
5 3. The Illinois Parentage Act, as amended,
6 4. "Revised Uniform Reciprocal Enforcement of Support
7 Act", approved August 28, 1969, as amended,
8 5. The Juvenile Court Act or the Juvenile Court Act of
9 1987, as amended,
10 6. The "Unified Code of Corrections", approved July 26,
11 1972, as amended,
12 7. Part 7 of Article XII of the Code of Civil Procedure,
13 as amended,
14 8. Part 8 of Article XII of the Code of Civil Procedure,
15 as amended, and
16 9. Other laws which may provide by judicial order for
17 direct payment of support moneys.
18 Payments under this Section to the Illinois Department
19 pursuant to the Child Support Enforcement Program established
20 by Title IV-D of the Social Security Act shall be paid into
21 the Child Support Enforcement Trust Fund. All other payments
22 under this Section to the Illinois Department shall be
23 deposited in the Public Assistance Recoveries Trust Fund.
24 Disbursements from these funds shall be as provided in
25 Sections 12-9 and 12-10.2 of this Code. Payments received by
26 a local governmental unit shall be deposited in that unit's
27 General Assistance Fund.
28 To the extent the provisions of this Section are
29 inconsistent with the requirements pertaining to the State
30 Disbursement Unit under Sections 10-10.4 and 10-26 of this
31 Code, the requirements pertaining to the State Disbursement
32 Unit shall apply.
33 (Source: P.A. 86-1028.)
SB1063 Enrolled -29- LRB9101195SMdvA
1 (305 ILCS 5/10-26 new)
2 Sec. 10-26. State Disbursement Unit.
3 (a) Effective October 1, 1999 the Illinois Department
4 shall establish a State Disbursement Unit in accordance with
5 the requirements of Title IV-D of the Social Security Act.
6 The Illinois Department shall enter into an agreement with a
7 State or local governmental unit or private entity to perform
8 the functions of the State Disbursement Unit as set forth in
9 this Section. The purpose of the State Disbursement Unit
10 shall be to collect and disburse support payments made under
11 court and administrative support orders:
12 (1) being enforced in cases in which child and
13 spouse support services are being provided under this
14 Article X; and
15 (2) in all cases in which the order for support was
16 entered after January 1, 1994, child and spouse support
17 services are not being provided under this Article X, and
18 in which support payments are made under the provisions
19 of the Income Withholding for Support Act.
20 (b) All payments received by the State Disbursement
21 Unit:
22 (1) shall be deposited into an account obtained by
23 the State or local governmental unit or private entity,
24 as the case may be, and
25 (2) distributed and disbursed by the State
26 Disbursement Unit, in accordance with the directions of
27 the Illinois Department, pursuant to Title IV-D of the
28 Social Security Act and rules promulgated by the
29 Department.
30 (c) All support payments assigned to the Illinois
31 Department under Article X of this Code and rules promulgated
32 by the Illinois Department that are disbursed to the Illinois
33 Department by the State Disbursement Unit shall be paid into
34 the Child Support Enforcement Trust Fund.
SB1063 Enrolled -30- LRB9101195SMdvA
1 (d) If the agreement with the State or local
2 governmental unit or private entity provided for in this
3 Section is not in effect for any reason, the Department shall
4 perform the functions of the State Disbursement Unit as set
5 forth in this Section for a maximum of 12 months.
6 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
7 Sec. 12-9. Public Assistance Recoveries Trust Fund;
8 uses. The Public Assistance Recoveries Trust Fund shall
9 consist of recoveries authorized by this Code in respect to
10 applicants or recipients under Articles III, IV, V, VI and
11 VII, including recoveries from the estates of deceased
12 recipients, and payments received by the Illinois Department
13 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
14 those pursuant to the Child Support Enforcement Program
15 established by Title IV-D of the Social Security Act and
16 required to be paid to the State Disbursement Unit
17 established under Section 10-26 of this Code or into the
18 Child Support Enforcement Trust Fund under Section 12-10.2 of
19 this Code, that are required by such Sections to be paid into
20 the Public Assistance Recoveries Trust Fund. Until July 1,
21 1998, this fund shall be held by the State treasurer as
22 ex-officio custodian outside the State treasury. After June
23 30, 1998, the fund shall be held as a special fund in the
24 State treasury.
25 Disbursements from this fund shall be only (1) for the
26 reimbursement of claims collected by the Illinois Department
27 through error or mistake, (2) for payment to persons or
28 agencies designated as payees or co-payees on any instrument,
29 whether or not negotiable, delivered to the Illinois
30 Department as a recovery under this Section, such payment to
31 be in proportion to the respective interests of the payees in
32 the amount so collected, (3) for payments to non-recipients,
33 or to former recipients of financial aid of the collections
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1 which are made in their behalf under Article X except those
2 pursuant to the Child Support Enforcement Program established
3 by Title IV-D of the Social Security Act required to be paid
4 from the State Disbursement Unit Revolving Fund under Section
5 12-8.1 of this Code or from the Child Support Enforcement
6 Trust Fund under Section 12-10.2 of this Code, (4) for
7 payment to local governmental units of support payments
8 collected by the Illinois Department pursuant to an agreement
9 under Section 10-3.1, (5) for payment of administrative
10 expenses incurred in performing the activities authorized by
11 Article X except those pursuant to the Child Support
12 Enforcement Program established by Title IV-D of the Social
13 Security Act required to be paid from the Child Support
14 Enforcement Trust Fund under Section 12-10.2 of this Code,
15 (6) for payment of fees to persons or agencies in the
16 performance of activities pursuant to the collection of
17 monies owed the State except those monies pursuant to the
18 Child Support Enforcement Program established by Title IV-D
19 of the Social Security Act required to be paid from the Child
20 Support Enforcement Trust Fund under Section 12-10.2 of this
21 Code, (7) for payments of any amounts which are reimbursable
22 to the Federal government which are required to be paid by
23 State warrant by either the State or Federal government and
24 (8) for disbursements to attorneys or advocates for legal
25 representation in an appeal of any claim for federal
26 Supplemental Security Income benefits before an
27 administrative law judge as provided for in Section 3-13 of
28 this Code. Until July 1, 1998, disbursements from this fund
29 shall be by warrants drawn by the State Comptroller as
30 receipt of vouchers duly executed and certified by the
31 Illinois Department. After June 30, 1998, disbursements from
32 this fund for purposes of items (5), (6), and (8) of this
33 paragraph shall be subject to appropriations from the fund to
34 the Illinois Department.
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1 The balance in this fund on the first day of each
2 calendar quarter, after payment therefrom of any amounts
3 reimbursable to the Federal Government, and minus the amount
4 reasonably anticipated to be needed to make the disbursements
5 during that quarter authorized by this Section, shall be
6 certified by the Director of the Illinois Department and
7 transferred by the State Comptroller to the General Revenue
8 Fund in the State Treasury within 30 days of the first day of
9 each calendar quarter.
10 (Source: P.A. 90-255, eff. 1-1-98.)
11 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
12 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
13 to be held by the State Treasurer as ex-officio custodian
14 outside the State Treasury, pursuant to the Child Support
15 Enforcement Program established by Title IV-D of the Social
16 Security Act, shall consist of (1) all support payments
17 assigned to the Illinois Department under Article X of this
18 Code and rules promulgated by the Illinois Department that
19 are disbursed to the Illinois Department by the State
20 Disbursement Unit established under Section 10-26 received by
21 the Illinois Department under Sections 10-8, 10-10, 10-16 and
22 10-19 that are required by such Sections to be paid into the
23 Child Support Enforcement Trust Fund, and (2) all federal
24 grants received by the Illinois Department funded by Title
25 IV-D of the Social Security Act, except those federal funds
26 received under the Title IV-D program as reimbursement for
27 expenditures from the General Revenue Fund, and (3) incentive
28 payments received by the Illinois Department from other
29 states or political subdivisions of other states for the
30 enforcement and collection by the Department of an assigned
31 child support obligation in behalf of such other states or
32 their political subdivisions pursuant to the provisions of
33 Title IV-D of the Social Security Act, and (4) incentive
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1 payments retained by the Illinois Department from the amounts
2 which otherwise would be paid to the Federal government to
3 reimburse the Federal government's share of the support
4 collection for the Department's enforcement and collection of
5 an assigned support obligation on behalf of the State of
6 Illinois pursuant to the provisions of Title IV-D of the
7 Social Security Act, and (5) all fees charged by the
8 Department for child support enforcement services, as
9 authorized under Title IV-D of the Social Security Act and
10 Section 10-1 of this Code, and any other fees, costs, fines,
11 recoveries, or penalties provided for by State or federal law
12 and received by the Department under the Child Support
13 Enforcement Program established by Title IV-D of the Social
14 Security Act, and (6) all amounts appropriated by the General
15 Assembly for deposit into the Fund.
16 Disbursements from this Fund shall be only for the
17 following purposes: (1) for the reimbursement of funds
18 received by the Illinois Department through error or mistake,
19 and (2) (blank) for payments to non-recipients, current
20 recipients and former recipients of financial aid of support
21 payments received on their behalf under Article X of this
22 Code, pursuant to the provisions of Title IV-D of the Social
23 Security Act and rules promulgated by the Department, and (3)
24 for payment of any administrative expenses, including payment
25 to the Health Insurance Reserve Fund for group insurance
26 costs at the rate certified by the Department of Central
27 Management Services, except those required to be paid from
28 the General Revenue Fund, including personal and contractual
29 services, incurred in performing the Title IV-D activities
30 authorized by Article X of this Code, and (4) for the
31 reimbursement of the Public Assistance Emergency Revolving
32 Fund for expenditures made from that Fund for payments to
33 former recipients of public aid for child support made to the
34 Illinois Department when the former public aid recipient is
SB1063 Enrolled -34- LRB9101195SMdvA
1 legally entitled to all or part of the child support
2 payments, pursuant to the provisions of Title IV-D of the
3 Social Security Act, and (5) for the payment of incentive
4 amounts owed to other states or political subdivisions of
5 other states that enforce and collect an assigned support
6 obligation on behalf of the State of Illinois pursuant to the
7 provisions of Title IV-D of the Social Security Act, and (6)
8 for the payment of incentive amounts owed to political
9 subdivisions of the State of Illinois that enforce and
10 collect an assigned support obligation on behalf of the State
11 pursuant to the provisions of Title IV-D of the Social
12 Security Act, and (7) for payments of any amounts which are
13 reimbursable to the Federal government which are required to
14 be paid by State warrant by either the State or Federal
15 government. Disbursements from this Fund shall be by warrants
16 drawn by the State Comptroller on receipt of vouchers duly
17 executed and certified by the Illinois Department or any
18 other State agency that receives an appropriation from the
19 Fund.
20 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
21 90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)
22 Section 22. The Code of Civil Procedure is amended by
23 changing Section 2-101 as follows:
24 (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
25 Sec. 2-101. Generally. Except as otherwise provided in
26 this Act, every action must be commenced (1) in the county of
27 residence of any defendant who is joined in good faith and
28 with probable cause for the purpose of obtaining a judgment
29 against him or her and not solely for the purpose of fixing
30 venue in that county, or (2) in the county in which the
31 transaction or some part thereof occurred out of which the
32 cause of action arose.
SB1063 Enrolled -35- LRB9101195SMdvA
1 If a check, draft, money order, or other instrument for
2 the payment of child support payable to or delivered to the
3 State Disbursement Unit established under Section 10-26 of
4 the Illinois Public Aid Code is returned by the bank or
5 depository for any reason, venue for the enforcement of any
6 criminal proceedings or civil cause of action for recovery
7 and attorney fees shall be in the county where the principal
8 office of the State Disbursement Unit is located.
9 If all defendants are nonresidents of the State, an
10 action may be commenced in any county.
11 If the corporate limits of a city, village or town extend
12 into more than one county, then the venue of an action or
13 proceeding instituted by that municipality to enforce any
14 fine, imprisonment, penalty or forfeiture for violation of
15 any ordinance of that municipality, regardless of the county
16 in which the violation was committed or occurred, may be in
17 the appropriate court (i) in the county wherein the office of
18 the clerk of the municipality is located or (ii) in any
19 county in which at least 35% of the territory within the
20 municipality's corporate limits is located.
21 (Source: P.A. 89-28, eff. 1-1-96.)
22 Section 25. The Illinois Marriage and Dissolution of
23 Marriage Act is amended by changing Sections 507, 705, and
24 709 and adding Sections 505.3 and 507.1 as follows:
25 (750 ILCS 5/505.3 new)
26 Sec. 505.3. Information to State Case Registry.
27 (a) When an order for support is entered or modified
28 under this Act, the clerk of the circuit court shall, within
29 5 business days, provide to the State Case Registry
30 established under Section 10-27 of the Illinois Public Aid
31 Code the court docket number and county in which the order is
32 entered or modified and the following information, which the
SB1063 Enrolled -36- LRB9101195SMdvA
1 parties shall disclose to the court:
2 (1) The names of the custodial and non-custodial
3 parents and of the child or children covered by the
4 order.
5 (2) The dates of birth of the custodial and
6 non-custodial parents and of the child or children
7 covered by the order.
8 (3) The social security numbers of the custodial
9 and non-custodial parents and of the child or children
10 covered by the order.
11 (4) The residential and mailing addresses for the
12 custodial and non-custodial parents.
13 (5) The telephone numbers for the custodial and
14 non-custodial parents.
15 (6) The driver's license numbers for the custodial
16 and non-custodial parents.
17 (7) The name, address, and telephone number of each
18 parent's employer or employers.
19 (b) When a child support order is entered or modified
20 for a case in which a party is receiving child and spouse
21 support services under Article X of the Illinois Public Aid
22 Code, the clerk shall provide the State Case Registry with
23 the following information:
24 (1) The information specified in subsection (a) of
25 this Section.
26 (2) The amount of monthly or other periodic support
27 owed under the order and other amounts, including
28 arrearages, interest, or late payment penalties and fees,
29 due or overdue under the order.
30 (3) Any amounts described in subdivision (2) of
31 this subsection (b) that have been received by the clerk.
32 (4) The distribution of the amounts received by the
33 clerk.
34 (c) A party shall report to the clerk of the circuit
SB1063 Enrolled -37- LRB9101195SMdvA
1 court changes in information required to the disclosed under
2 this Section within 5 business days of the change.
3 (d) To the extent that updated information is in the
4 clerk's possession, the clerk shall provide updates of the
5 information specified in subsection (b) of this Section
6 within 5 business days after the Illinois Department of
7 Public Aid's request for that updated information.
8 (750 ILCS 5/507) (from Ch. 40, par. 507)
9 Sec. 507. Payment of maintenance or support to court.
10 (a) In actions instituted under this Act, the court
11 shall order that maintenance and support payments be made to
12 the clerk of court as trustee for remittance to the person
13 entitled to receive the payments. However, the court in its
14 discretion may direct otherwise where circumstances so
15 warrant.
16 in accordance with the Income Withholding for Support
17 Upon notification in writing or by electronic
18 transmission from the Illinois Department of Public Aid to
19 the clerk of the court that a person who is receiving support
20 payments under this Section is receiving services under the
21 Child Support Enforcement Program established by Title IV-D
22 of the Social Security Act, any support payments subsequently
23 received by the clerk of the court shall be transmitted in
24 accordance with the instructions of the Illinois Department
25 of Public Aid until the Department gives notice to the clerk
26 of the court to cease the transmittal. After providing the
27 notification authorized under this paragraph, the Illinois
28 Department of Public Aid shall be entitled as a party to
29 notice of any further proceedings in the case. The clerk of
30 the court shall file a copy of the Illinois Department of
31 Public Aid's notification in the court file. The failure of
32 the clerk to file a copy of the notification in the court
33 file shall not, however, affect the Illinois Department of
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1 Public Aid's right to receive notice of further proceedings.
2 (b) The clerk of court shall maintain records listing
3 the amount of payments, the date payments are required to be
4 made and the names and addresses of the parties affected by
5 the order. For those cases in which support is payable to the
6 clerk of the circuit court for transmittal to the Illinois
7 Department of Public Aid by order of the court or upon
8 notification of the Illinois Department of Public Aid, and
9 the Illinois Department of Public Aid collects support by
10 assignment, offset, withholding, deduction or other process
11 permitted by law, the Illinois Department shall notify the
12 clerk of the date and amount of such collection. Upon
13 notification, the clerk shall record the collection on the
14 payment record for the case.
15 (c) The parties affected by the order shall inform the
16 clerk of court of any change of address or of other condition
17 that may affect the administration of the order.
18 (d) The provisions of this Section shall not apply to
19 cases that come under the provisions of Sections 709 through
20 712.
21 (e) To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Section 507.1 of this Act and Section
24 10-26 of the Illinois Public Aid Code, the requirements
25 pertaining to the State Disbursement Unit shall apply.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
27 90-790, eff. 8-14-98; revised 9-14-98.)
28 (750 ILCS 5/507.1 new)
29 Sec. 507.1. Payment of Support to State Disbursement
30 Unit.
31 (a) As used in this Section:
32 "Order for support", "obligor", "obligee", and "payor"
33 mean those terms as defined in the Income Withholding for
SB1063 Enrolled -39- LRB9101195SMdvA
1 Support Act.
2 (b) Notwithstanding any other provision of this Act to
3 the contrary, each order for support entered or modified on
4 or after October 1, 1999 shall require that support payments
5 be made to the State Disbursement Unit established under
6 Section 10-26 of the Illinois Public Aid Code if:
7 (1) a party to the order is receiving child and
8 spouse support services under Article X of the Illinois
9 Public Aid Code; or
10 (2) no party to the order is receiving child and
11 spouse support services, but the support payments are
12 made through income withholding.
13 (c) The Illinois Department of Public Aid shall provide
14 notice to the obligor and, where applicable, to the obligor's
15 payor to make support payments to the State Disbursement Unit
16 if:
17 (1) the order for support was entered before
18 October 1, 1999, and a party to the order is receiving
19 child and spouse support services under Article X of the
20 Illinois Public Aid Code; or
21 (2) the order for support was entered after January
22 1, 1994, no party to the order is receiving child and
23 spouse support services, and the support payments are
24 being made through income withholding.
25 (d) The notice required under subsection (c) may be sent
26 by ordinary mail, certified mail, return receipt requested,
27 facsimile transmission, or other electronic process, or may
28 be served upon the obligor or payor using any method provided
29 by law for service of a summons. The Illinois Department of
30 Public Aid shall provide a copy of the notice to the obligee
31 and to the clerk of the court.
32 (750 ILCS 5/705) (from Ch. 40, par. 705)
33 Sec. 705. Support payments; receiving and disbursing
SB1063 Enrolled -40- LRB9101195SMdvA
1 agents.
2 (1) The provisions of this Section shall apply, except
3 as provided in Sections 709 through 712.
4 (2) In a dissolution of marriage action filed in a
5 county of less than 3 million population in which an order or
6 judgment for child support is entered, and in supplementary
7 proceedings in any such county to enforce or vary the terms
8 of such order or judgment arising out of an action for
9 dissolution of marriage filed in such county, the court,
10 except as it otherwise orders, under subsection (4) of this
11 Section, may direct that child support payments be made to
12 the clerk of the court.
13 (3) In a dissolution of marriage action filed in any
14 county of 3 million or more population in which an order or
15 judgment for child support is entered, and in supplementary
16 proceedings in any such county to enforce or vary the terms
17 of such order or judgment arising out of an action for
18 dissolution of marriage filed in such county, the court,
19 except as it otherwise orders under subsection (4) of this
20 Section, may direct that child support payments be made
21 either to the clerk of the court or to the Court Service
22 Division of the County Department of Public Aid. After the
23 effective date of this Act, the court, except as it otherwise
24 orders under subsection (4) of this Section, may direct that
25 child support payments be made either to the clerk of the
26 court or to the Illinois Department of Public Aid.
27 (4) In a dissolution of marriage action or supplementary
28 proceedings involving maintenance or child support payments,
29 or both, to persons who are recipients of aid under the
30 Illinois Public Aid Code, the court shall direct that such
31 payments be made to (a) the Illinois Department of Public Aid
32 if the persons are recipients under Articles III, IV, or V of
33 the Code, or (b) the local governmental unit responsible for
34 their support if they are recipients under Articles VI or VII
SB1063 Enrolled -41- LRB9101195SMdvA
1 of the Code. In accordance with federal law and regulations,
2 the Illinois Department of Public Aid may continue to collect
3 current maintenance payments or child support payments, or
4 both, after those persons cease to receive public assistance
5 and until termination of services under Article X of the
6 Illinois Public Aid Code. The Illinois Department of Public
7 Aid shall pay the net amount collected to those persons after
8 deducting any costs incurred in making the collection or any
9 collection fee from the amount of any recovery made. The
10 order shall permit the Illinois Department of Public Aid or
11 the local governmental unit, as the case may be, to direct
12 that payments be made directly to the former spouse, the
13 children, or both, or to some person or agency in their
14 behalf, upon removal of the former spouse or children from
15 the public aid rolls or upon termination of services under
16 Article X of the Illinois Public Aid Code; and upon such
17 direction, the Illinois Department or local governmental
18 unit, as the case requires, shall give notice of such action
19 to the court in writing or by electronic transmission.
20 (5) All clerks of the court and the Court Service
21 Division of a County Department of Public Aid and, after the
22 effective date of this Act, all clerks of the court and the
23 Illinois Department of Public Aid, receiving child support
24 payments under subsections (2) and (3) of this Section shall
25 disburse the payments to the person or persons entitled
26 thereto under the terms of the order or judgment. They shall
27 establish and maintain current records of all moneys received
28 and disbursed and of defaults and delinquencies in required
29 payments. The court, by order or rule, shall make provision
30 for the carrying out of these duties.
31 in effect in accordance with the Income Withholding for
32 Support
33 Upon notification in writing or by electronic
34 transmission from the Illinois Department of Public Aid to
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1 the clerk of the court that a person who is receiving support
2 payments under this Section is receiving services under the
3 Child Support Enforcement Program established by Title IV-D
4 of the Social Security Act, any support payments subsequently
5 received by the clerk of the court shall be transmitted in
6 accordance with the instructions of the Illinois Department
7 of Public Aid until the Department gives notice to the clerk
8 of the court to cease the transmittal. After providing the
9 notification authorized under this paragraph, the Illinois
10 Department of Public Aid shall be entitled as a party to
11 notice of any further proceedings in the case. The clerk of
12 the court shall file a copy of the Illinois Department of
13 Public Aid's notification in the court file. The failure of
14 the clerk to file a copy of the notification in the court
15 file shall not, however, affect the Illinois Department of
16 Public Aid's right to receive notice of further proceedings.
17 Payments under this Section to the Illinois Department of
18 Public Aid pursuant to the Child Support Enforcement Program
19 established by Title IV-D of the Social Security Act shall be
20 paid into the Child Support Enforcement Trust Fund. All other
21 payments under this Section to the Illinois Department of
22 Public Aid shall be deposited in the Public Assistance
23 Recoveries Trust Fund. Disbursements from these funds shall
24 be as provided in the Illinois Public Aid Code. Payments
25 received by a local governmental unit shall be deposited in
26 that unit's General Assistance Fund. Any order of court
27 directing payment of child support to a clerk of court or the
28 Court Service Division of a County Department of Public Aid,
29 which order has been entered on or after August 14, 1961, and
30 prior to the effective date of this Act, may be amended by
31 the court in line with this Act; and orders involving
32 payments of maintenance or child support to recipients of
33 public aid may in like manner be amended to conform to this
34 Act.
SB1063 Enrolled -43- LRB9101195SMdvA
1 (6) No filing fee or costs will be required in any
2 action brought at the request of the Illinois Department of
3 Public Aid in any proceeding under this Act. However, any
4 such fees or costs may be assessed by the court against the
5 respondent in the court's order of support or any
6 modification thereof in a proceeding under this Act.
7 (7) For those cases in which child support is payable to
8 the clerk of the circuit court for transmittal to the
9 Illinois Department of Public Aid by order of court or upon
10 notification by the Illinois Department of Public Aid, the
11 clerk shall transmit all such payments, within 4 working days
12 of receipt, to insure that funds are available for immediate
13 distribution by the Department to the person or entity
14 entitled thereto in accordance with standards of the Child
15 Support Enforcement Program established under Title IV-D of
16 the Social Security Act. The clerk shall notify the
17 Department of the date of receipt and amount thereof at the
18 time of transmittal. Where the clerk has entered into an
19 agreement of cooperation with the Department to record the
20 terms of child support orders and payments made thereunder
21 directly into the Department's automated data processing
22 system, the clerk shall account for, transmit and otherwise
23 distribute child support payments in accordance with such
24 agreement in lieu of the requirements contained herein.
25 In any action filed in a county with a population of
26 1,000,000 or less, the court shall assess against the
27 respondent in any order of maintenance or child support any
28 sum up to $36 annually authorized by ordinance of the county
29 board to be collected by the clerk of the court as costs for
30 administering the collection and disbursement of maintenance
31 and child support payments. Such sum shall be in addition to
32 and separate from amounts ordered to be paid as maintenance
33 or child support.
34 (8) To the extent the provisions of this Section are
SB1063 Enrolled -44- LRB9101195SMdvA
1 inconsistent with the requirements pertaining to the State
2 Disbursement Unit under Section 507.1 of this Act and Section
3 10-26 of the Illinois Public Aid Code, the requirements
4 pertaining to the State Disbursement Unit shall apply.
5 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
6 90-790, eff. 8-14-98; revised 9-14-98.)
7 (750 ILCS 5/709) (from Ch. 40, par. 709)
8 Sec. 709. Mandatory child support payments to clerk.
9 (a) As of January 1, 1982, child support orders entered
10 in any county covered by this subsection shall be made
11 pursuant to the provisions of Sections 709 through 712 of
12 this Act. For purposes of these Sections, the term "child
13 support payment" or "payment" shall include any payment
14 ordered to be made solely for the purpose of the support of a
15 child or children or any payment ordered for general support
16 which includes any amount for support of any child or
17 children.
18 The provisions of Sections 709 through 712 shall be
19 applicable to any county with a population of 2 million or
20 more and to any other county which notifies the Supreme Court
21 of its desire to be included within the coverage of these
22 Sections and is certified pursuant to Supreme Court Rules.
23 The effective date of inclusion, however, shall be
24 subject to approval of the application for reimbursement of
25 the costs of the support program by the Department of Public
26 Aid as provided in Section 712.
27 (b) In any proceeding for a dissolution of marriage,
28 legal separation, or declaration of invalidity of marriage,
29 or in any supplementary proceedings in which a judgment or
30 modification thereof for the payment of child support is
31 entered on or after January 1, 1982, in any county covered by
32 Sections 709 through 712, and the person entitled to payment
33 is receiving a grant of financial aid under Article IV of the
SB1063 Enrolled -45- LRB9101195SMdvA
1 Illinois Public Aid Code or has applied and qualified for
2 support services under Section 10-1 of that Code, the court
3 shall direct: (1) that such payments be made to the clerk of
4 the court and (2) that the parties affected shall each
5 thereafter notify the clerk of any change of address or
6 change in other conditions that may affect the administration
7 of the order, including the fact that a party who was
8 previously not on public aid has become a recipient of public
9 aid, within 10 days of such change. All notices sent to the
10 obligor's last known address on file with the clerk shall be
11 deemed sufficient to proceed with enforcement pursuant to the
12 provisions of Sections 709 through 712.
13 In all other cases, the court may direct that payments be
14 made to the clerk of the court.
15 (c) Except as provided in subsection (d) of this
16 Section, the clerk shall disburse the payments to the person
17 or persons entitled thereto under the terms of the order or
18 judgment.
19 (d) The court shall determine, prior to the entry of the
20 support order, if the party who is to receive the support is
21 presently receiving public aid or has a current application
22 for public aid pending and shall enter the finding on the
23 record.
24 If the person entitled to payment is a recipient of aid
25 under the Illinois Public Aid Code, the clerk, upon being
26 informed of this fact by finding of the court, by
27 notification by the party entitled to payment, by the
28 Illinois Department of Public Aid or by the local
29 governmental unit, shall make all payments to: (1) the
30 Illinois Department of Public Aid if the person is a
31 recipient under Article III, IV, or V of the Code or (2) the
32 local governmental unit responsible for his or her support if
33 the person is a recipient under Article VI or VII of the
34 Code. In accordance with federal law and regulations, the
SB1063 Enrolled -46- LRB9101195SMdvA
1 Illinois Department of Public Aid may continue to collect
2 current maintenance payments or child support payments, or
3 both, after those persons cease to receive public assistance
4 and until termination of services under Article X of the
5 Illinois Public Aid Code. The Illinois Department of Public
6 Aid shall pay the net amount collected to those persons after
7 deducting any costs incurred in making the collection or any
8 collection fee from the amount of any recovery made. Upon
9 termination of public aid payments to such a recipient or
10 termination of services under Article X of the Illinois
11 Public Aid Code, the Illinois Department of Public Aid or the
12 appropriate local governmental unit shall notify the clerk in
13 writing or by electronic transmission that all subsequent
14 payments are to be sent directly to the person entitled
15 thereto.
16 Upon notification in writing or by electronic
17 transmission from the Illinois Department of Public Aid to
18 the clerk of the court that a person who is receiving support
19 payments under this Section is receiving services under the
20 Child Support Enforcement Program established by Title IV-D
21 of the Social Security Act, any support payments subsequently
22 received by the clerk of the court shall be transmitted in
23 accordance with the instructions of the Illinois Department
24 of Public Aid until the Department gives notice to the clerk
25 of the court to cease the transmittal. After providing the
26 notification authorized under this paragraph, the Illinois
27 Department of Public Aid shall be entitled as a party to
28 notice of any further proceedings in the case. The clerk of
29 the court shall file a copy of the Illinois Department of
30 Public Aid's notification in the court file. The failure of
31 the clerk to file a copy of the notification in the court
32 file shall not, however, affect the Illinois Department of
33 Public Aid's right to receive notice of further proceedings.
34 Payments under this Section to the Illinois Department of
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1 Public Aid pursuant to the Child Support Enforcement Program
2 established by Title IV-D of the Social Security Act shall be
3 paid into the Child Support Enforcement Trust Fund. All other
4 payments under this Section to the Illinois Department of
5 Public Aid shall be deposited in the Public Assistance
6 Recoveries Trust Fund. Disbursements from these funds shall
7 be as provided in the Illinois Public Aid Code. Payments
8 received by a local governmental unit shall be deposited in
9 that unit's General Assistance Fund.
10 (e) Any order or judgment may be amended by the court,
11 upon its own motion or upon the motion of either party, to
12 conform with the provisions of Sections 709 through 712,
13 either as to the requirement of making payments to the clerk
14 or, where payments are already being made to the clerk, as to
15 the statutory fees provided for under Section 711.
16 (f) The clerk may invest in any interest bearing account
17 or in any securities, monies collected for the benefit of a
18 payee, where such payee cannot be found; however, the
19 investment may be only for the period until the clerk is able
20 to locate and present the payee with such monies. The clerk
21 may invest in any interest bearing account, or in any
22 securities, monies collected for the benefit of any other
23 payee; however, this does not alter the clerk's obligation to
24 make payments to the payee in a timely manner. Any interest
25 or capital gains accrued shall be for the benefit of the
26 county and shall be paid into the special fund established in
27 subsection (b) of Section 711.
28 (g) The clerk shall establish and maintain a payment
29 record of all monies received and disbursed and such record
30 shall constitute prima facie evidence of such payment and
31 non-payment, as the case may be.
32 (h) For those cases in which child support is payable to
33 the clerk of the circuit court for transmittal to the
34 Illinois Department of Public Aid by order of court or upon
SB1063 Enrolled -48- LRB9101195SMdvA
1 notification by the Illinois Department of Public Aid, the
2 clerk shall transmit all such payments, within 4 working days
3 of receipt, to insure that funds are available for immediate
4 distribution by the Department to the person or entity
5 entitled thereto in accordance with standards of the Child
6 Support Enforcement Program established under Title IV-D of
7 the Social Security Act. The clerk shall notify the
8 Department of the date of receipt and amount thereof at the
9 time of transmittal. Where the clerk has entered into an
10 agreement of cooperation with the Department to record the
11 terms of child support orders and payments made thereunder
12 directly into the Department's automated data processing
13 system, the clerk shall account for, transmit and otherwise
14 distribute child support payments in accordance with such
15 agreement in lieu of the requirements contained herein.
16 (i) To the extent the provisions of this Section are
17 inconsistent with the requirements pertaining to the State
18 Disbursement Unit under Section 507.1 of this Act and Section
19 10-26 of the Illinois Public Aid Code, the requirements
20 pertaining to the State Disbursement Unit shall apply.
21 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
22 Section 30. The Non-Support of Spouse and Children Act
23 is amended by changing Section 2.1 and adding Sections 2.2
24 and 12.2 as follows:
25 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
26 Sec. 2.1. Support payments; receiving and disbursing
27 agents.
28 (1) In actions instituted under this Act on and after
29 August 14, 1961, involving a minor child or children, the
30 Court, except in actions instituted on or after August 26,
31 1969, in which the support payments are in behalf of a
32 recipient of aid under the Illinois Public Aid Code, shall
SB1063 Enrolled -49- LRB9101195SMdvA
1 direct that moneys ordered to be paid for support under
2 Sections 3 and 4 of this Act shall be paid to the clerk of
3 the court in counties of less than 3 million population, and
4 in counties of 3 million or more population, to the clerk or
5 probation officer of the court or to the Court Service
6 Division of the County Department of Public Aid. After the
7 effective date of this amendatory Act of 1975, the court
8 shall direct that such support moneys be paid to the clerk or
9 probation officer or the Illinois Department of Public Aid.
10 However, the court in its discretion may direct otherwise
11 where exceptional circumstances so warrant. If payment is to
12 be made to persons other than the clerk or probation officer,
13 the Court Service Division of the County Department of Public
14 Aid, or the Illinois Department of Public Aid, the judgment
15 or order of support shall set forth the facts of the
16 exceptional circumstances.
17 (2) In actions instituted after August 26, 1969, where
18 the support payments are in behalf of spouses, children, or
19 both, who are recipients of aid under the Illinois Public Aid
20 Code, the court shall order the payments to be made directly
21 to (1) the Illinois Department of Public Aid if the person is
22 a recipient under Articles III, IV or V of the Code, or (2)
23 to the local governmental unit responsible for the support of
24 the person if he or she is a recipient under Articles VI or
25 VII of the Code. In accordance with federal law and
26 regulations, the Illinois Department of Public Aid may
27 continue to collect current maintenance payments or child
28 support payments, or both, after those persons cease to
29 receive public assistance and until termination of services
30 under Article X of the Illinois Public Aid Code. The
31 Illinois Department of Public Aid shall pay the net amount
32 collected to those persons after deducting any costs incurred
33 in making the collection or any collection fee from the
34 amount of any recovery made. The order shall permit the
SB1063 Enrolled -50- LRB9101195SMdvA
1 Illinois Department of Public Aid or the local governmental
2 unit, as the case may be, to direct that support payments be
3 made directly to the spouse, children, or both, or to some
4 person or agency in their behalf, upon removal of the spouse
5 or children from the public aid rolls or upon termination of
6 services under Article X of the Illinois Public Aid Code; and
7 upon such direction, the Illinois Department or the local
8 governmental unit, as the case requires, shall give notice of
9 such action to the court in writing or by electronic
10 transmission.
11 (3) The clerks, probation officers, and the Court
12 Service Division of the County Department of Public Aid in
13 counties of 3 million or more population, and, after the
14 effective date of this amendatory Act of 1975, the clerks,
15 probation officers, and the Illinois Department of Public
16 Aid, shall disburse moneys paid to them to the person or
17 persons entitled thereto under the order of the Court. They
18 shall establish and maintain current records of all moneys
19 received and disbursed and of delinquencies and defaults in
20 required payments. The Court, by order or rule, shall make
21 provision for the carrying out of these duties.
22 in accordance with the Income Withholding for Support
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department of Public Aid to
25 the clerk of the court that a person who is receiving support
26 payments under this Section is receiving services under the
27 Child Support Enforcement Program established by Title IV-D
28 of the Social Security Act, any support payments subsequently
29 received by the clerk of the court shall be transmitted in
30 accordance with the instructions of the Illinois Department
31 of Public Aid until the Department gives notice to cease the
32 transmittal. After providing the notification authorized
33 under this paragraph, the Illinois Department of Public Aid
34 shall be entitled as a party to notice of any further
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1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department of Public Aid's notification
3 in the court file. The failure of the clerk to file a copy
4 of the notification in the court file shall not, however,
5 affect the Illinois Department of Public Aid's right to
6 receive notice of further proceedings.
7 (4) Payments under this Section to the Illinois
8 Department of Public Aid pursuant to the Child Support
9 Enforcement Program established by Title IV-D of the Social
10 Security Act shall be paid into the Child Support Enforcement
11 Trust Fund. All other payments under this Section to the
12 Illinois Department of Public Aid shall be deposited in the
13 Public Assistance Recoveries Trust Fund. Disbursements from
14 these funds shall be as provided in the Illinois Public Aid
15 Code. Payments received by a local governmental unit shall be
16 deposited in that unit's General Assistance Fund.
17 (5) Orders and assignments entered or executed prior to
18 the Act approved August 14, 1961 shall not be affected
19 thereby. Employers served with wage assignments executed
20 prior to that date shall comply with the terms thereof.
21 However, the Court, on petition of the state's attorney, or
22 of the Illinois Department of Public Aid or local
23 governmental unit in respect to recipients of public aid, may
24 order the execution of new assignments and enter new orders
25 designating the clerk, probation officer, or the Illinois
26 Department of Public Aid or appropriate local governmental
27 unit in respect to payments in behalf of recipients of public
28 aid, as the person or agency authorized to receive and
29 disburse the salary or wages assigned. On like petition the
30 Court may enter new orders designating such officers,
31 agencies or governmental units to receive and disburse the
32 payments ordered under Section 4.
33 (6) For those cases in which child support is payable to
34 the clerk of the circuit court for transmittal to the
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1 Illinois Department of Public Aid by order of court or upon
2 notification by the Illinois Department of Public Aid, the
3 clerk shall transmit all such payments, within 4 working days
4 of receipt, to insure that funds are available for immediate
5 distribution by the Department to the person or entity
6 entitled thereto in accordance with standards of the Child
7 Support Enforcement Program established under Title IV-D of
8 the Social Security Act. The clerk shall notify the
9 Department of the date of receipt and amount thereof at the
10 time of transmittal. Where the clerk has entered into an
11 agreement of cooperation with the Department to record the
12 terms of child support orders and payments made thereunder
13 directly into the Department's automated data processing
14 system, the clerk shall account for, transmit and otherwise
15 distribute child support payments in accordance with such
16 agreement in lieu of the requirements contained herein.
17 (7) To the extent the provisions of this Section are
18 inconsistent with the requirements pertaining to the State
19 Disbursement Unit under Section 2.2 of this Act and Section
20 10-26 of the Illinois Public Aid Code, the requirements
21 pertaining to the State Disbursement Unit shall apply.
22 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
23 90-790, eff. 8-14-98; revised 9-14-98.)
24 (750 ILCS 15/2.2 new)
25 Sec. 2.2. Payment of Support to State Disbursement Unit.
26 (a) As used in this Section:
27 "Order for support", "obligor", "obligee", and "payor"
28 mean those terms as defined in the Income Withholding for
29 Support Act.
30 (b) Notwithstanding any other provision of this Act to
31 the contrary, each order for support entered or modified on
32 or after October 1, 1999 shall require that support payments
33 be made to the State Disbursement Unit established under
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1 Section 10-26 of the Illinois Public Aid Code if:
2 (1) a party to the order is receiving child and
3 spouse support services under Article X of the Illinois
4 Public Aid Code; or
5 (2) no party to the order is receiving child and
6 spouse support services, but the support payments are
7 made through income withholding.
8 (c) The Illinois Department of Public Aid shall provide
9 notice to the obligor and, where applicable, to the obligor's
10 payor to make support payments to the State Disbursement Unit
11 if:
12 (1) the order for support was entered before
13 October 1, 1999, and a party to the order is receiving
14 child and spouse support services under Article X of the
15 Illinois Public Aid Code; or
16 (2) the order for support was entered after January
17 1, 1994, no party to the order is receiving child and
18 spouse support services, and the support payments are
19 being made through income withholding.
20 (d) The notice required under subsection (c) may be sent
21 by ordinary mail, certified mail, return receipt requested,
22 facsimile transmission, or other electronic process, or may
23 be served upon the obligor or payor using any method provided
24 by law for service of a summons. The Illinois Department of
25 Public Aid shall provide a copy of the notice to the obligee
26 and to the clerk of the court.
27 (750 ILCS 15/12.2 new)
28 Sec. 12.2. Information to State Case Registry.
29 (a) When an order for support is entered or modified
30 under this Act, the clerk of the circuit court shall, within
31 5 business days, provide to the State Case Registry
32 established under Section 10-27 of the Illinois Public Aid
33 Code the court docket number and county in which the order is
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1 entered or modified and the following information, which the
2 parties shall disclose to the court:
3 (1) The names of the custodial and non-custodial
4 parents and of the child or children covered by the
5 order.
6 (2) The dates of birth of the custodial and
7 non-custodial parents and of the child or children
8 covered by the order.
9 (3) The social security numbers of the custodial
10 and non-custodial parents and of the child or children
11 covered by the order.
12 (4) The residential and mailing addresses for the
13 custodial and non-custodial parents.
14 (5) The telephone numbers for the custodial and
15 non-custodial parents.
16 (6) The driver's license numbers for the custodial
17 and non-custodial parents.
18 (7) The name, address, and telephone number of each
19 parent's employer or employers.
20 (b) When a child support order is entered or modified
21 for a case in which a party is receiving child and spouse
22 support services under Article X of the Illinois Public Aid
23 Code, the clerk shall provide the State Case Registry with
24 the following information:
25 (1) The information specified in subsection (a) of
26 this Section.
27 (2) The amount of monthly or other periodic support
28 owed under the order and other amounts, including
29 arrearages, interest, or late payment penalties and fees,
30 due or overdue under the order.
31 (3) Any amounts described in subdivision (2) of
32 this subsection (b) that have been received by the clerk.
33 (4) The distribution of the amounts received by the
34 clerk.
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1 (c) The parties affected by the order shall inform the
2 clerk of court of any change of address or of other condition
3 that may affect the administration of the order.
4 (d) To the extent that updated information is in the
5 clerk's possession, the clerk shall provide updates of the
6 information specified in subsection (b) of this Section
7 within 5 business days after the Illinois Department of
8 Public Aid's request for that updated information.
9 Section 35. The Income Withholding for Support Act is
10 amended by changing Sections 15, 20, 35, and 45 as follows:
11 (750 ILCS 28/15)
12 Sec. 15. Definitions.
13 (a) "Order for support" means any order of the court
14 which provides for periodic payment of funds for the support
15 of a child or maintenance of a spouse, whether temporary or
16 final, and includes any such order which provides for:
17 (1) modification or resumption of, or payment of
18 arrearage accrued under, a previously existing order;
19 (2) reimbursement of support;
20 (3) payment or reimbursement of the expenses of
21 pregnancy and delivery (for orders for support entered
22 under the Illinois Parentage Act of 1984 or its
23 predecessor the Paternity Act); or
24 (4) enrollment in a health insurance plan that is
25 available to the obligor through an employer or labor
26 union or trade union.
27 (b) "Arrearage" means the total amount of unpaid support
28 obligations as determined by the court and incorporated into
29 an order for support.
30 (b-5) "Business day" means a day on which State offices
31 are open for regular business.
32 (c) "Delinquency" means any payment under an order for
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1 support which becomes due and remains unpaid after entry of
2 the order for support.
3 (d) "Income" means any form of periodic payment to an
4 individual, regardless of source, including, but not limited
5 to: wages, salary, commission, compensation as an independent
6 contractor, workers' compensation, disability, annuity,
7 pension, and retirement benefits, lottery prize awards,
8 insurance proceeds, vacation pay, bonuses, profit-sharing
9 payments, interest, and any other payments, made by any
10 person, private entity, federal or state government, any unit
11 of local government, school district or any entity created by
12 Public Act; however, "income" excludes:
13 (1) any amounts required by law to be withheld,
14 other than creditor claims, including, but not limited
15 to, federal, State and local taxes, Social Security and
16 other retirement and disability contributions;
17 (2) union dues;
18 (3) any amounts exempted by the federal Consumer
19 Credit Protection Act;
20 (4) public assistance payments; and
21 (5) unemployment insurance benefits except as
22 provided by law.
23 Any other State or local laws which limit or exempt
24 income or the amount or percentage of income that can be
25 withheld shall not apply.
26 (e) "Obligor" means the individual who owes a duty to
27 make payments under an order for support.
28 (f) "Obligee" means the individual to whom a duty of
29 support is owed or the individual's legal representative.
30 (g) "Payor" means any payor of income to an obligor.
31 (h) "Public office" means any elected official or any
32 State or local agency which is or may become responsible by
33 law for enforcement of, or which is or may become authorized
34 to enforce, an order for support, including, but not limited
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1 to: the Attorney General, the Illinois Department of Public
2 Aid, the Illinois Department of Human Services, the Illinois
3 Department of Children and Family Services, and the various
4 State's Attorneys, Clerks of the Circuit Court and
5 supervisors of general assistance.
6 (i) "Premium" means the dollar amount for which the
7 obligor is liable to his employer or labor union or trade
8 union and which must be paid to enroll or maintain a child in
9 a health insurance plan that is available to the obligor
10 through an employer or labor union or trade union.
11 (j) "State Disbursement Unit" means the unit established
12 to collect and disburse support payments in accordance with
13 the provisions of Section 10-26 of the Illinois Public Aid
14 Code.
15 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
16 eff. 8-14-98; revised 9-14-98.)
17 (750 ILCS 28/20)
18 Sec. 20. Entry of order for support containing income
19 withholding provisions; income withholding notice.
20 (a) In addition to any content required under other
21 laws, every order for support entered on or after July 1,
22 1997, shall:
23 (1) Require an income withholding notice to be
24 prepared and served immediately upon any payor of the
25 obligor by the obligee or public office, unless a written
26 agreement is reached between and signed by both parties
27 providing for an alternative arrangement, approved and
28 entered into the record by the court, which ensures
29 payment of support. In that case, the order for support
30 shall provide that an income withholding notice is to be
31 prepared and served only if the obligor becomes
32 delinquent in paying the order for support; and
33 (2) Contain a dollar amount to be paid until
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1 payment in full of any delinquency that accrues after
2 entry of the order for support. The amount for payment
3 of delinquency shall not be less than 20% of the total of
4 the current support amount and the amount to be paid
5 periodically for payment of any arrearage stated in the
6 order for support; and
7 (3) Include the obligor's Social Security Number,
8 which the obligor shall disclose to the court. If the
9 obligor is not a United States citizen, the obligor shall
10 disclose to the court, and the court shall include in the
11 order for support, the obligor's alien registration
12 number, passport number, and home country's social
13 security or national health number, if applicable.
14 (b) At the time the order for support is entered, the
15 Clerk of the Circuit Court shall provide a copy of the order
16 to the obligor and shall make copies available to the obligee
17 and public office.
18 (c) The income withholding notice shall:
19 (1) be in the standard format prescribed by the
20 federal Department of Health and Human Services; and
21 (1.1) state the date of entry of the order for
22 support upon which the income withholding notice is
23 based; and
24 (2) direct any payor to withhold the dollar amount
25 required for current support under the order for support;
26 and
27 (3) direct any payor to withhold the dollar amount
28 required to be paid periodically under the order for
29 support for payment of the amount of any arrearage stated
30 in the order for support; and
31 (4) direct any payor or labor union or trade union
32 to enroll a child as a beneficiary of a health insurance
33 plan and withhold or cause to be withheld, if applicable,
34 any required premiums; and
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1 (5) state the amount of the payor income
2 withholding fee specified under this Section; and
3 (6) state that the amount actually withheld from
4 the obligor's income for support and other purposes,
5 including the payor withholding fee specified under this
6 Section, may not be in excess of the maximum amount
7 permitted under the federal Consumer Credit Protection
8 Act; and
9 (7) state the duties of the payor and the fines and
10 penalties for failure to withhold and pay over income and
11 for discharging, disciplining, refusing to hire, or
12 otherwise penalizing the obligor because of the duty to
13 withhold and pay over income under this Section; and
14 (8) state the rights, remedies, and duties of the
15 obligor under this Section; and
16 (9) include the obligor's Social Security Numbers
17 of the obligor, the obligee, and the child or children
18 included in the order for support Number; and
19 (10) include the date that withholding for current
20 support terminates, which shall be the date of
21 termination of the current support obligation set forth
22 in the order for support; and.
23 (11) contain the signature of the obligee or the
24 printed name and telephone number of the authorized
25 representative of the public office, except that the
26 failure to contain the signature of the obligee or the
27 printed name and telephone number of the authorized
28 representative of the public office shall not affect the
29 validity of the income withholding notice; and
30 (12) direct any payor to pay over amounts withheld
31 for payment of support to the State Disbursement Unit.
32 (d) The accrual of a delinquency as a condition for
33 service of an income withholding notice, under the exception
34 to immediate withholding in subsection (a) of this Section,
SB1063 Enrolled -60- LRB9101195SMdvA
1 shall apply only to the initial service of an income
2 withholding notice on a payor of the obligor.
3 (e) Notwithstanding the exception to immediate
4 withholding contained in subsection (a) of this Section, if
5 the court finds at the time of any hearing that an arrearage
6 has accrued, the court shall order immediate service of an
7 income withholding notice upon the payor.
8 (f) If the order for support, under the exception to
9 immediate withholding contained in subsection (a) of this
10 Section, provides that an income withholding notice is to be
11 prepared and served only if the obligor becomes delinquent in
12 paying the order for support, the obligor may execute a
13 written waiver of that condition and request immediate
14 service on the payor.
15 (g) The obligee or public office may serve the income
16 withholding notice on the payor or its superintendent,
17 manager, or other agent by ordinary mail or certified mail
18 return receipt requested, by facsimile transmission or other
19 electronic means, by personal delivery, or by any method
20 provided by law for service of a summons. At the time of
21 service on the payor and as notice that withholding has
22 commenced, the obligee or public office shall serve a copy of
23 the income withholding notice on the obligor by ordinary mail
24 addressed to his or her last known address. A copy of the
25 income withholding notice together with proofs of service on
26 the payor and the obligor shall be filed with the Clerk of
27 the Circuit Court.
28 (h) At any time after the initial service of an income
29 withholding notice, any other payor of the obligor may be
30 served with the same income withholding notice without
31 further notice to the obligor. A copy of the income
32 withholding notice together with a proof of service on the
33 other payor shall be filed with the Clerk of the Circuit
34 Court.
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1 (i) New service of an income withholding notice is not
2 required in order to resume withholding of income in the case
3 of an obligor with respect to whom an income withholding
4 notice was previously served on the payor if withholding of
5 income was terminated because of an interruption in the
6 obligor's employment of less than 180 days.
7 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
8 eff. 8-14-98; revised 9-14-98.)
9 (750 ILCS 28/35)
10 Sec. 35. Duties of payor.
11 (a) It shall be the duty of any payor who has been
12 served with an income withholding notice to deduct and pay
13 over income as provided in this Section. The payor shall
14 deduct the amount designated in the income withholding
15 notice, as supplemented by any notice provided pursuant to
16 subsection (f) of Section 45, beginning no later than the
17 next payment of income which is payable or creditable to the
18 obligor that occurs 14 days following the date the income
19 withholding notice was mailed, sent by facsimile or other
20 electronic means, or placed for personal delivery to or
21 service on the payor. The payor may combine all amounts
22 withheld for the benefit of an obligee or public office into
23 a single payment and transmit the payment with a listing of
24 obligors from whom withholding has been effected. The payor
25 shall pay the amount withheld to the State Disbursement Unit
26 obligee or public office within 7 business days after the
27 date the amount would (but for the duty to withhold income)
28 have been paid or credited to the obligor. If the payor
29 knowingly fails to pay any amount withheld to the State
30 Disbursement Unit obligee or public office within 7 business
31 days after the date the amount would have been paid or
32 credited to the obligor, the payor shall pay a penalty of
33 $100 for each day that the withheld amount is not paid to the
SB1063 Enrolled -62- LRB9101195SMdvA
1 State Disbursement Unit obligee or public office after the
2 period of 7 business days has expired. The failure of a
3 payor, on more than one occasion, to pay amounts withheld to
4 the State Disbursement Unit obligee or public office within 7
5 business days after the date the amount would have been paid
6 or credited to the obligor creates a presumption that the
7 payor knowingly failed to pay over the amounts. This penalty
8 may be collected in a civil action which may be brought
9 against the payor in favor of the obligee or public office. A
10 finding of a payor's nonperformance within the time required
11 under this Act must be documented by a certified mail return
12 receipt showing the date the income withholding notice was
13 served on the payor. For purposes of this Act, a withheld
14 amount shall be considered paid by a payor on the date it is
15 mailed by the payor, or on the date an electronic funds
16 transfer of the amount has been initiated by the payor, or on
17 the date delivery of the amount has been initiated by the
18 payor. For each deduction, the payor shall provide the State
19 Disbursement Unit obligee or public office, at the time of
20 transmittal, with the date the amount would (but for the duty
21 to withhold income) have been paid or credited to the
22 obligor.
23 Upon receipt of an income withholding notice requiring
24 that a minor child be named as a beneficiary of a health
25 insurance plan available through an employer or labor union
26 or trade union, the employer or labor union or trade union
27 shall immediately enroll the minor child as a beneficiary in
28 the health insurance plan designated by the income
29 withholding notice. The employer shall withhold any required
30 premiums and pay over any amounts so withheld and any
31 additional amounts the employer pays to the insurance carrier
32 in a timely manner. The employer or labor union or trade
33 union shall mail to the obligee, within 15 days of enrollment
34 or upon request, notice of the date of coverage, information
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1 on the dependent coverage plan, and all forms necessary to
2 obtain reimbursement for covered health expenses, such as
3 would be made available to a new employee. When an order for
4 dependent coverage is in effect and the insurance coverage is
5 terminated or changed for any reason, the employer or labor
6 union or trade union shall notify the obligee within 10 days
7 of the termination or change date along with notice of
8 conversion privileges.
9 For withholding of income, the payor shall be entitled to
10 receive a fee not to exceed $5 per month to be taken from the
11 income to be paid to the obligor.
12 (b) Whenever the obligor is no longer receiving income
13 from the payor, the payor shall return a copy of the income
14 withholding notice to the obligee or public office and shall
15 provide information for the purpose of enforcing this Act.
16 (c) Withholding of income under this Act shall be made
17 without regard to any prior or subsequent garnishments,
18 attachments, wage assignments, or any other claims of
19 creditors. Withholding of income under this Act shall not be
20 in excess of the maximum amounts permitted under the federal
21 Consumer Credit Protection Act. If the payor has been served
22 with more than one income withholding notice pertaining to
23 the same obligor, the payor shall allocate income available
24 for withholding on a proportionate share basis, giving
25 priority to current support payments. If there is any income
26 available for withholding after withholding for all current
27 support obligations, the payor shall allocate the income to
28 past due support payments ordered in cases in which cash
29 assistance under the Illinois Public Aid Code is not being
30 provided to the obligee and then to past due support payments
31 ordered in cases in which cash assistance under the Illinois
32 Public Aid Code is being provided to the obligee, both on a
33 proportionate share basis. A payor who complies with an
34 income withholding notice that is regular on its face shall
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1 not be subject to civil liability with respect to any
2 individual, any agency, or any creditor of the obligor for
3 conduct in compliance with the notice.
4 (d) No payor shall discharge, discipline, refuse to hire
5 or otherwise penalize any obligor because of the duty to
6 withhold income.
7 (Source: P.A. 90-673, eff. 1-1-99.)
8 (750 ILCS 28/45)
9 Sec. 45. Additional duties.
10 (a) An obligee who is receiving income withholding
11 payments under this Act shall notify the State Disbursement
12 Unit and payor, if the obligee receives the payments directly
13 from the payor, or the public office or the Clerk of the
14 Circuit Court, as appropriate, of any change of address
15 within 7 days of such change.
16 (b) An obligee who is a recipient of public aid shall
17 send a copy of any income withholding notice served by the
18 obligee to the Division of Child Support Enforcement of the
19 Illinois Department of Public Aid.
20 (c) Each obligor shall notify the obligee, the public
21 office, and the Clerk of the Circuit Court of any change of
22 address within 7 days.
23 (d) An obligor whose income is being withheld or who has
24 been served with a notice of delinquency pursuant to this Act
25 shall notify the obligee, the public office, and the Clerk of
26 the Circuit Court of any new payor, within 7 days.
27 (e) (Blank.) When the Illinois Department of Public Aid
28 is no longer authorized to receive payments for the obligee,
29 it shall, within 7 days, notify the payor or, where
30 appropriate, the Clerk of the Circuit Court, to redirect
31 income withholding payments to the obligee.
32 (f) The obligee or public office shall provide notice to
33 the payor and Clerk of the Circuit Court of any other support
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1 payment made, including but not limited to, a set-off under
2 federal and State law or partial payment of the delinquency
3 or arrearage, or both.
4 (g) The State Disbursement Unit Any public office and
5 Clerk of the Circuit Court which collects, disburses or
6 receives payments pursuant to income withholding notices
7 shall maintain complete, accurate, and clear records of all
8 income withholding payments and their disbursements.
9 Certified copies of payment records maintained by the State
10 Disbursement Unit, a public office, or the Clerk of the
11 Circuit Court shall, without further proof, be admitted into
12 evidence in any legal proceedings under this Act.
13 (h) The Illinois Department of Public Aid shall design
14 suggested legal forms for proceeding under this Act and shall
15 make available to the courts such forms and informational
16 materials which describe the procedures and remedies set
17 forth herein for distribution to all parties in support
18 actions.
19 (i) At the time of transmitting each support payment,
20 the State Disbursement Unit Clerk of the Circuit Court shall
21 provide the obligee or public office, as appropriate, with
22 any information furnished by the payor as to the date the
23 amount would (but for the duty to withhold income) have been
24 paid or credited to the obligor.
25 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
26 eff. 8-14-98; revised 9-14-98.)
27 Section 40. The Illinois Parentage Act of 1984 is
28 amended by changing Section 21 and adding Sections 14.1 and
29 21.1 as follows:
30 (750 ILCS 45/14.1 new)
31 Sec. 14.1. Information to State Case Registry.
32 (a) When an order for support is entered or modified
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1 under this Act, the clerk of the circuit court shall, within
2 5 business days, provide to the State Case Registry
3 established under Section 10-27 of the Illinois Public Aid
4 Code the court docket number and county in which the order
5 is entered or modified and the following information,
6 which the parties shall disclose to the court:
7 (1) The names of the custodial and non-custodial
8 parents and of the child or children covered by the
9 order.
10 (2) The dates of birth of the custodial and
11 non-custodial parents and of the child or children
12 covered by the order.
13 (3) The social security numbers of the custodial
14 and non-custodial parents and of the child or children
15 covered by the order.
16 (4) The residential and mailing addresses for the
17 custodial and non-custodial parents.
18 (5) The telephone numbers for the custodial and
19 non-custodial parents.
20 (6) The driver's license numbers for the custodial
21 and non-custodial parents.
22 (7) The name, address, and telephone number of each
23 parent's employer or employers.
24 (b) When a child support order is entered or modified
25 for a case in which a party is receiving child and spouse
26 support services under Article X of the Illinois Public Aid
27 Code, the clerk shall provide the State Case Registry with
28 the following information:
29 (1) The information specified in subsection (a) of
30 this Section.
31 (2) The amount of monthly or other periodic support
32 owed under the order and other amounts, including
33 arrearages, interest, or late payment penalties and fees,
34 due or overdue under the order.
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1 (3) Any amounts described in subdivision (2) of
2 this subsection (b) that have been received by the clerk.
3 (4) The distribution of the amounts received by the
4 clerk.
5 (c) The parties affected by the order shall inform the
6 clerk of court of any change of address or of other condition
7 that may affect the administration of the order.
8 (d) To the extent that updated information is in the
9 clerk's possession, the clerk shall provide updates of the
10 information specified in subsection (b) of this Section
11 within 5 business days after the Illinois Department of
12 Public Aid's request for that updated information.
13 (750 ILCS 45/21) (from Ch. 40, par. 2521)
14 Sec. 21. Support payments; receiving and disbursing
15 agents.
16 (1) In an action filed in a county counties of less than
17 3 million population in which an order for child support is
18 entered, and in supplementary proceedings in such a county
19 counties to enforce or vary the terms of such order arising
20 out of an action filed in such a county counties, the court,
21 except in actions or supplementary proceedings in which the
22 pregnancy and delivery expenses of the mother or the child
23 support payments are for a recipient of aid under the
24 Illinois Public Aid Code, shall direct that child support
25 payments be made to the clerk of the court unless in the
26 discretion of the court exceptional circumstances warrant
27 otherwise. In cases where payment is to be made to persons
28 other than the clerk of the court the judgment or order of
29 support shall set forth the facts of the exceptional
30 circumstances.
31 (2) In an action filed in a county counties of 3 million
32 or more population in which an order for child support is
33 entered, and in supplementary proceedings in such a county
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1 counties to enforce or vary the terms of such order arising
2 out of an action filed date in such a county counties, the
3 court, except in actions or supplementary proceedings in
4 which the pregnancy and delivery expenses of the mother or
5 the child support payments are for a recipient of aid under
6 the Illinois Public Aid Code, shall direct that child support
7 payments be made either to the clerk of the court or to the
8 Court Service Division of the County Department of Public
9 Aid, or to the clerk of the court or to the Illinois
10 Department of Public Aid, unless in the discretion of the
11 court exceptional circumstances warrant otherwise. In cases
12 where payment is to be made to persons other than the clerk
13 of the court, the Court Service Division of the County
14 Department of Public Aid, or the Illinois Department of
15 Public Aid, the judgment or order of support shall set forth
16 the facts of the exceptional circumstances.
17 (3) Where the action or supplementary proceeding is in
18 behalf of a mother for pregnancy and delivery expenses or for
19 child support, or both, and the mother, child, or both, are
20 recipients of aid under the Illinois Public Aid Code, the
21 court shall order that the payments be made directly to (a)
22 the Illinois Department of Public Aid if the mother or child,
23 or both, are recipients under Articles IV or V of the Code,
24 or (b) the local governmental unit responsible for the
25 support of the mother or child, or both, if they are
26 recipients under Articles VI or VII of the Code. In
27 accordance with federal law and regulations, the Illinois
28 Department of Public Aid may continue to collect current
29 maintenance payments or child support payments, or both,
30 after those persons cease to receive public assistance and
31 until termination of services under Article X of the Illinois
32 Public Aid Code. The Illinois Department of Public Aid shall
33 pay the net amount collected to those persons after deducting
34 any costs incurred in making the collection or any collection
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1 fee from the amount of any recovery made. The Illinois
2 Department of Public Aid or the local governmental unit, as
3 the case may be, may direct that payments be made directly to
4 the mother of the child, or to some other person or agency in
5 the child's behalf, upon the removal of the mother and child
6 from the public aid rolls or upon termination of services
7 under Article X of the Illinois Public Aid Code; and upon
8 such direction, the Illinois Department or the local
9 governmental unit, as the case requires, shall give notice of
10 such action to the court in writing or by electronic
11 transmission.
12 (4) All clerks of the court and the Court Service
13 Division of a County Department of Public Aid and the
14 Illinois Department of Public Aid, receiving child support
15 payments under paragraphs (1) or (2) shall disburse the same
16 to the person or persons entitled thereto under the terms of
17 the order. They shall establish and maintain clear and
18 current records of all moneys received and disbursed and of
19 defaults and delinquencies in required payments. The court,
20 by order or rule, shall make provision for the carrying out
21 of these duties.
22 in accordance with the Income Withholding for Support
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department of Public Aid to
25 the clerk of the court that a person who is receiving support
26 payments under this Section is receiving services under the
27 Child Support Enforcement Program established by Title IV-D
28 of the Social Security Act, any support payments subsequently
29 received by the clerk of the court shall be transmitted in
30 accordance with the instructions of the Illinois Department
31 of Public Aid until the Department gives notice to cease the
32 transmittal. After providing the notification authorized
33 under this paragraph, the Illinois Department of Public Aid
34 shall be entitled as a party to notice of any further
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1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department of Public Aid's notification
3 in the court file. The failure of the clerk to file a copy
4 of the notification in the court file shall not, however,
5 affect the Illinois Department of Public Aid's right to
6 receive notice of further proceedings.
7 Payments under this Section to the Illinois Department of
8 Public Aid pursuant to the Child Support Enforcement Program
9 established by Title IV-D of the Social Security Act shall be
10 paid into the Child Support Enforcement Trust Fund. All
11 other payments under this Section to the Illinois Department
12 of Public Aid shall be deposited in the Public Assistance
13 Recoveries Trust Fund. Disbursement from these funds shall
14 be as provided in the Illinois Public Aid Code. Payments
15 received by a local governmental unit shall be deposited in
16 that unit's General Assistance Fund.
17 (5) The moneys received by persons or agencies
18 designated by the court shall be disbursed by them in
19 accordance with the order. However, the court, on petition
20 of the state's attorney, may enter new orders designating the
21 clerk of the court or the Illinois Department of Public Aid,
22 as the person or agency authorized to receive and disburse
23 child support payments and, in the case of recipients of
24 public aid, the court, on petition of the Attorney General or
25 State's Attorney, shall direct subsequent payments to be paid
26 to the Illinois Department of Public Aid or to the
27 appropriate local governmental unit, as provided in paragraph
28 (3). Payments of child support by principals or sureties on
29 bonds, or proceeds of any sale for the enforcement of a
30 judgment shall be made to the clerk of the court, the
31 Illinois Department of Public Aid or the appropriate local
32 governmental unit, as the respective provisions of this
33 Section require.
34 (6) For those cases in which child support is payable to
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1 the clerk of the circuit court for transmittal to the
2 Illinois Department of Public Aid by order of court or upon
3 notification by the Illinois Department of Public Aid, the
4 clerk shall transmit all such payments, within 4 working days
5 of receipt, to insure that funds are available for immediate
6 distribution by the Department to the person or entity
7 entitled thereto in accordance with standards of the Child
8 Support Enforcement Program established under Title IV-D of
9 the Social Security Act. The clerk shall notify the
10 Department of the date of receipt and amount thereof at the
11 time of transmittal. Where the clerk has entered into an
12 agreement of cooperation with the Department to record the
13 terms of child support orders and payments made thereunder
14 directly into the Department's automated data processing
15 system, the clerk shall account for, transmit and otherwise
16 distribute child support payments in accordance with such
17 agreement in lieu of the requirements contained herein.
18 (7) To the extent the provisions of this Section are
19 inconsistent with the requirements pertaining to the State
20 Disbursement Unit under Section 21.1 of this Act and Section
21 10-26 of the Illinois Public Aid Code, the requirements
22 pertaining to the State Disbursement Unit shall apply.
23 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
24 90-790, eff. 8-14-98; revised 11-5-98.)
25 (750 ILCS 45/21.1 new)
26 Sec. 21.1. Payment of Support to State Disbursement Unit.
27 (a) As used in this Section:
28 "Order for support", "obligor", "obligee", and "payor"
29 mean those terms as defined in the Income Withholding for
30 Support Act.
31 (b) Notwithstanding any other provision of this Act to
32 the contrary, each order for support entered or modified on
33 or after October 1, 1999 shall require that support payments
SB1063 Enrolled -72- LRB9101195SMdvA
1 be made to the State Disbursement Unit established under
2 Section 10-26 of the Illinois Public Aid Code if:
3 (1) a party to the order is receiving child and
4 spouse support services under Article X of the Illinois
5 Public Aid Code; or
6 (2) no party to the order is receiving child and
7 spouse support services, but the support payments are
8 made through income withholding.
9 (c) The Illinois Department of Public Aid shall provide
10 notice to the obligor and, where applicable, to the obligor's
11 payor to make support payments to the State Disbursement Unit
12 if:
13 (1) the order for support was entered before October
14 1, 1999, and a party to the order is receiving child and
15 spouse support services under Article X of the Illinois
16 Public Aid Code; or
17 (2) the order for support was entered after January
18 1, 1994, no party to the order is receiving child and
19 spouse support services, and the support payments are
20 being made through income withholding.
21 (d) The notice required under subsection (c) may be sent
22 by ordinary mail, certified mail, return receipt requested,
23 facsimile transmission, or other electronic process, or may
24 be served upon the obligor or payor using any method provided
25 by law for service of a summons. The Illinois Department of
26 Public Aid shall provide a copy of the notice to the obligee
27 and to the clerk of the court.
28 Section 45. The Unemployment Insurance Act is amended by
29 changing Section 1300 as follows:
30 (820 ILCS 405/1300) (from Ch. 48, par. 540)
31 Sec. 1300. Waiver or transfer of benefit rights -
32 Partial exemption.
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1 (A) Except as otherwise provided herein any agreement by
2 an individual to waive, release or commute his rights under
3 this Act shall be void.
4 (B) Benefits due under this Act shall not be assigned,
5 pledged, encumbered, released or commuted and shall be exempt
6 from all claims of creditors and from levy, execution and
7 attachment or other remedy for recovery or collection of a
8 debt. However, nothing in this Section shall prohibit a
9 specified or agreed upon deduction from benefits by an
10 individual, or a court or administrative order for
11 withholding of income, for payment of past due child support
12 from being enforced and collected by the Department of Public
13 Aid on behalf of persons receiving a grant of financial aid
14 under Article IV of The Illinois Public Aid Code, persons for
15 whom an application has been made and approved for support
16 services under Section 10-1 of such Code, or persons
17 similarly situated and receiving like support services in
18 other states. It is provided that:
19 (1) The aforementioned deduction of benefits and
20 order for withholding of income apply only if appropriate
21 arrangements have been made for reimbursement to the
22 Director by the Department of Public Aid for any
23 administrative costs incurred by the Director under this
24 Section.
25 (2) The Director shall deduct and withhold from
26 benefits payable under this Act, or under any arrangement
27 for the payment of benefits entered into by the Director
28 pursuant to the powers granted under Section 2700 of this
29 Act, the amount specified or agreed upon. In the case of
30 a court or administrative order for withholding of
31 income, the Director shall withhold the amount of the
32 order.
33 (3) Any amount deducted and withheld by the
34 Director shall be paid to the State Disbursement Unit
SB1063 Enrolled -74- LRB9101195SMdvA
1 established under Section 10-26 of the Illinois Public
2 Aid Code Department of Public Aid on behalf of the
3 individual.
4 (4) Any amount deducted and withheld under
5 subsection (3) shall for all purposes be treated as if it
6 were paid to the individual as benefits and paid by such
7 individual to the State Disbursement Unit Department of
8 Public Aid in satisfaction of the individual's child
9 support obligations.
10 (5) For the purpose of this Section, child support
11 is defined as those obligations which are being enforced
12 pursuant to a plan described in Title IV, Part D, Section
13 454 of the Social Security Act and approved by the
14 Secretary of Health and Human Services.
15 (6) The deduction of benefits and order for
16 withholding of income for child support shall be governed
17 by Titles III and IV of the Social Security Act and all
18 regulations duly promulgated thereunder.
19 (C) Nothing in this Section prohibits an individual from
20 voluntarily electing to have federal income tax deducted and
21 withheld from his or her unemployment insurance benefit
22 payments.
23 (1) The Director shall, at the time that an
24 individual files his or her claim for benefits that
25 establishes his or her benefit year, inform the
26 individual that:
27 (a) unemployment insurance is subject to
28 federal, State, and local income taxes;
29 (b) requirements exist pertaining to estimated
30 tax payments;
31 (c) the individual may elect to have federal
32 income tax deducted and withheld from his or her
33 payments of unemployment insurance in the amount
34 specified in the federal Internal Revenue Code; and
SB1063 Enrolled -75- LRB9101195SMdvA
1 (d) the individual is permitted to change a
2 previously elected withholding status.
3 (2) Amounts deducted and withheld from unemployment
4 insurance shall remain in the unemployment fund until
5 transferred to the federal taxing authority as a payment
6 of income tax.
7 (3) The Director shall follow all procedures
8 specified by the United States Department of Labor and
9 the federal Internal Revenue Service pertaining to the
10 deducting and withholding of income tax.
11 (4) Amounts shall be deducted and withheld in
12 accordance with the priorities established in rules
13 promulgated by the Director.
14 (D) Nothing in this Section prohibits an individual from
15 voluntarily electing to have State of Illinois income tax
16 deducted and withheld from his or her unemployment insurance
17 benefit payments if such deduction and withholding is
18 provided for pursuant to rules promulgated by the Director.
19 (1) If pursuant to rules promulgated by the
20 Director, an individual may voluntarily elect to have
21 State of Illinois income tax deducted and withheld from
22 his or her unemployment insurance benefit payments, the
23 Director shall, at the time that an individual files his
24 or her claim for benefits that establishes his or her
25 benefit year, in addition to providing the notice
26 required under subsection C, inform the individual that:
27 (a) the individual may elect to have State of
28 Illinois income tax deducted and withheld from his
29 or her payments of unemployment insurance in the
30 amount specified pursuant to rules promulgated by
31 the Director; and
32 (b) the individual is permitted to change a
33 previously elected withholding status.
34 (2) Amounts deducted and withheld from unemployment
SB1063 Enrolled -76- LRB9101195SMdvA
1 insurance shall remain in the unemployment fund until
2 transferred to the Department of Revenue as a payment of
3 State of Illinois income tax.
4 (3) Amounts shall be deducted and withheld in
5 accordance with the priorities established in rules
6 promulgated by the Director.
7 (E) Nothing in this Section prohibits the deduction and
8 withholding of an uncollected overissuance of food stamp
9 coupons from unemployment insurance benefits pursuant to this
10 subsection (E).
11 (1) At the time that an individual files a claim
12 for benefits that establishes his or her benefit year,
13 that individual must disclose whether or not he or she
14 owes an uncollected overissuance (as defined in Section
15 13(c)(1) of the federal Food Stamp Act of 1977) of food
16 stamp coupons. The Director shall notify the State food
17 stamp agency enforcing such obligation of any individual
18 who discloses that he or she owes an uncollected
19 overissuance of food stamp coupons and who meets the
20 monetary eligibility requirements of subsection E of
21 Section 500.
22 (2) The Director shall deduct and withhold from any
23 unemployment insurance benefits payable to an individual
24 who owes an uncollected overissuance of food stamp
25 coupons:
26 (a) the amount specified by the individual to
27 the Director to be deducted and withheld under this
28 subsection (E);
29 (b) the amount (if any) determined pursuant to
30 an agreement submitted to the State food stamp
31 agency under Section 13(c)(3)(A) of the federal Food
32 Stamp Act of 1977; or
33 (c) any amount otherwise required to be
34 deducted and withheld from unemployment insurance
SB1063 Enrolled -77- LRB9101195SMdvA
1 benefits pursuant to Section 13(c)(3)(B) of the
2 federal Food Stamp Act of 1977.
3 (3) Any amount deducted and withheld pursuant to
4 this subsection (E) shall be paid by the Director to the
5 State food stamp agency.
6 (4) Any amount deducted and withheld pursuant to
7 this subsection (E) shall for all purposes be treated as
8 if it were paid to the individual as unemployment
9 insurance benefits and paid by the individual to the
10 State food stamp agency as repayment of the individual's
11 uncollected overissuance of food stamp coupons.
12 (5) For purposes of this subsection (E),
13 "unemployment insurance benefits" means any compensation
14 payable under this Act including amounts payable by the
15 Director pursuant to an agreement under any federal law
16 providing for compensation, assistance, or allowances
17 with respect to unemployment.
18 (6) This subsection (E) applies only if
19 arrangements have been made for reimbursement by the
20 State food stamp agency for the administrative costs
21 incurred by the Director under this subsection (E) which
22 are attributable to the repayment of uncollected
23 overissuances of food stamp coupons to the State food
24 stamp agency.
25 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97;
26 90-554, eff. 12-12-97.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
SB1063 Enrolled -78- LRB9101195SMdvA
1 INDEX
2 Statutes amended in order of appearance
3 15 ILCS 405/10.05a from Ch. 15, par. 210.05a
4 20 ILCS 2505/39b52
5 35 ILCS 5/901 from Ch. 120, par. 9-901
6 305 ILCS 5/10-8 from Ch. 23, par. 10-8
7 305 ILCS 5/10-10 from Ch. 23, par. 10-10
8 305 ILCS 5/10-10.4 new
9 305 ILCS 5/10-16 from Ch. 23, par. 10-16
10 305 ILCS 5/10-17.9
11 305 ILCS 5/10-19 from Ch. 23, par. 10-19
12 305 ILCS 5/10-26 new
13 305 ILCS 5/12-8.1 new
14 305 ILCS 5/12-9 from Ch. 23, par. 12-9
15 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
16 750 ILCS 5/507.1 new
17 750 ILCS 5/705 from Ch. 40, par. 705
18 750 ILCS 5/709 from Ch. 40, par. 709
19 750 ILCS 15/2.1 from Ch. 40, par. 1105
20 750 ILCS 15/2.2 new
21 750 ILCS 28/15
22 750 ILCS 28/20
23 750 ILCS 28/35
24 750 ILCS 28/45
25 750 ILCS 45/21 from Ch. 40, par. 2521
26 750 ILCS 45/21.1 new
27 820 ILCS 405/1300 from Ch. 48, par. 540
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